16 December 2019

NLRB Revamps Rules and Extends Timelines in Union Elections

Friday, December 13, 2019, the National Labor Relations Board published its Final Rule modifying the Board’s election procedures.  The Final Rule rolls back some of the so-called “quickie election” rules that had been enacted in 2014 by the President Obama-era NLRB.

At their core, these changes will give employers more time to address both the legal and practical issues that typically arise in connection with a union organizing campaign and NLRB election request.  Notably, the new rule requires at least 20 business days between the NLRB’s decision to hold a union election and the election itself.  This change gives employees more time to evaluate information and make an informed choice on their rights—granting a more reasonable amount of time for both employers and unions to supply information, answer questions, and otherwise communicate lawfully with employees before they vote.

It’s possible that these new rules will be challenged.  But absent court intervention, the rule changes will be effective 120 days after the date of publication in the Federal Register. We anticipate the rules will become effective on or about April 16, 2020.

Click here for a summary of the key rule changes, and please contact the authors or your Miller Johnson labor attorney if you have any questions.