The NLRB Fast-Track Rules

Three Months Later


Union Win Rate is Up at the

National Labor Relations Board


            As a result of the new labor board election rules implemented in April the average time from petition to election is 23.3 days, sharply down from the 42 days under the old rules.  Pre-election hearings, frequently sought by employers in the past, have been limited under the new roadmap and as a result out of the total 471 petitions filed, only 16 have gone to hearing.  Since April 14 129 petitions have gone to election, with 45 employer wins and 84 union wins.


            Employers need to be prepared for “RC” petitions (those filed by employees or a union to get a union into the workplace) before the petition is served.  Supervisors and managers need to be trained in how to detect and respond to a union campaign (what to say, how to behave, etc.) A good deal of thought needs to be given to what to communicate to employees about the employer’s attitude toward unions and how this will be done.  Then, the communications should be implemented.  


            This preparation should also include an outline for the process that is triggered when such a petition is filed.  Waiting to do this on the day the petition is served is ill-advised.