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NLRB Publishes Final Rule Revising Union Election Procedures

December 15, 2014

The National Labor Relations Board has again issued its final rule revising union election procedures, which will greatly shorten the time between when the union files an election petition and when the election is held. This new final rule mirrors the Board’s previous attempts to speed the union election process that courts invalidated on procedural grounds. The rule changes will take effect on April 14, 2015. 

In the meantime, employers need to remain especially diligent in their efforts to maintain a union-free environment. By the time an employer receives an election petition, it may already be too late to effectively respond to a union election, unless you are already prepared.

The election rule changes provide for many changes to current NLRB election rules, purportedly simplifying and expediting the union election process. The changes include: 

Business groups such as the U.S. Chamber of Commerce and the National Association of Manufacturers have been outspoken opponents of the rules and are considering legal challenges prior to the April 2015 effective date.