12 August 2019

NLRB Seeks to Revamp Union Election Rules

On Friday, August 9, the National Labor Relations Board released proposed changes to the existing rules governing union elections.  In 2014, the NLRB had enacted several changes to union election procedures that were sometimes referred to as the “quickie” or “ambush” election rules.  The newly proposed changes would walk back several parts of the 2014 rule changes.  Among them are:

(1) altering the rule for blocking charges that often delay decertification elections;

(2) altering the standard for when employees may challenge their representation following an employer’s voluntary recognition of a union; and

(3) eliminating a rule for construction industry employers which sometimes imposed a union on employees without evidence that a majority of employees actually wanted union representation.

Although the changes would be welcomed by employers, they are merely proposed at this point.  There will be a 60-day notice and comment period, after which the NLRB will issue a final set of rule changes.  Miller Johnson will provide additional information once the rule changes are final.  In the meantime, please contact the authors or your Miller Johnson Labor and Employment law attorney if you would like more information.