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That Was Fast: NLRB Re-Issues Ambush Elections Proposal

Volume 2, Issue 3
February 15, 2014
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On Feb. 5 the National Labor Relations Board announced it was re-issuing its “Quickie” or “Ambush” organizing election rules designed to give unions an extra advantage by shortening the time allowed for employers to counter unions’ campaign claims.

The original ambush election rules were adopted in 2011 but weren’t enforced due to court challenges. In late December, the NLRB withdrew an appeal of a court ruling overturning the rules lack of a board quorum, and the new board was expected to re-issue them (ACWI Advance, 1-15-14, P. 4).

The rules are designed to make it easier for unions to win organizing votes by substantially reducing the amount of time employers had to mount defenses before the elections are held.

The shortened time for elections after the filing of a representation petition limits employers’ ability to effectively contradict union propaganda. As a result, when the rules are finalized employees’ will vote based almost exclusively on what the union claims.

The new rules also would allow a union to file a petition electronically, rather than by hand or mail.

The deadline for the employer to provide voter eligibility list will be shortened from seven to two work days from the Direction of Election.

Also, the employer must provide email addresses and telephone numbers for employees eligible to vote in addition to names and home addresses.

Under the proposed rules the election need not wait until 25 days after a Direction of Election is issued.

Pre-election appeals are eliminated, leaving only an appeal of both pre- and post-election issues after the election. The pre-election hearing determines only whether a question exists about representation.

Individual voter eligibility issues will be deferred to a post-hearing appeal, which can only be allowed at the discretion of the NLRB’s hearing officer.

Comments are due by April 7. To read the entire proposal, you can find it available online here:
www.federalregister.gov/articles/2014/02/06/2014-02128/representation-case-procedures.

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