Labor Board Plunges into

New Election Procedure

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Implementing Policy Shift

to Hurry to Election Date

from Date of Petition

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Political Clouds Hovering

Require Board to Hurry

Itself to Implement Rule

 

            On a predicted 2-1 vote the National Labor Relations Board on November 30 moved to adopt the proposed election rule the Board published for comment back in June.  Given the recess appointment of Craig Becker that expires December 31, the Board must draft and ratify the final rule quickly, or lose its quorum.

             Under the rule, these changes would take effect, and would have a significant impact on the management side of the union struggle to organize a workforce: 

  • sharp cutback on pre-election hearings, including most voter eligibility questions

  • elimination of post-hearing briefs as a matter of right, to be permitted by the ALJ only under unique circumstances (instead, oral argument on the spot would be invited)

  • pre-election and post-election appeals must be consolidated in one appeal, and pre-election review by the Board would be eliminated

  • the 25-to-30 day waiting period from the date of the Region’s direction of an election would be eliminated

  • pre-election appeal to the Board would be cut back significantly, to be granted only when the issue otherwise would “evade review”

  • post-election requests for review, now of right, would become discretionary (summary disposition would occur if the request would not present a serious issue for review).

             At the Board currently the target date for an election is on average 42 days after the date of the petition filing. 

             Where the employer and the union disagree about who can vote (supervisor issues, e.g.) these rules will accelerate the process considerably.

 

12/21/2011