NLRB Issues Final Rule on Representation Case Procedures

On August 24th, the National Labor Relations Board (NLRB) issued a final rule altering the procedures for representation elections. The rule reverses changes made under the Trump administration, which in turn had reversed the Obama-era ambush election rule. The rule addresses how the NLRB handles representation petitions, which are filed by employees, unions, and employers.  The new rule essentially speeds up the petition-to-election process, and the process of information dissemination, hearings, and votes themselves. According to the NLRB, the new rule will reduce the time it takes to get from petition to election in contested elections and will expedite the resolution of any post-election litigation.  Highlights of the new rule’s changes include:

· Allowing pre-election hearings to begin more quickly;

· Ensuring that election information is disseminated to employees more quickly;

· Making pre- and post-election hearings more efficient; and

· Ensuring that elections are held more quickly.

The rule also rescinds two provisions that were set to take effect in September of 2023.  A full factsheet of the ruling can be found here. The new rule will become effective four months from the date of publication to ensure adequate time for the NLRB’s Regional offices to implement the new procedures.