Opportunity for Public Comment on Modifications to NLRB Election Procedures
On August 12, 2019, the National Labor Relations Board issued a proposed rule to modify three aspects of its election procedures, which would license employers to commit unfair labor practices without consequence during an election, and make it harder for unions to establish Section 9(a) recognition. Make your voice heard by October 11, 2019!
The Notice of Proposed Rulemaking (NPRM) makes the following regulatory changes:
ULP Charges No Longer Block Elections: The NPRM proposes replacing the current blocking charge policy with a “vote-and-impound” procedure. Elections would no longer be blocked by pending unfair labor practice charges. Rather, the ballots would be impounded until the charges are resolved.
Voluntary Recognition Only Available After Employee Notice: The NPRM proposes returning to the rule of Dana Corp., 351 NLRB 434 (2007), under which voluntary recognition could only be effective if employees are given notice and there is a 45-day waiting period.
In Construction, Contract Language Would Be Insufficient to Establish Section 9(a) Recognition: The NPRM proposes that in the construction industry, in order to prove a Section 9(a) relationship (i.e. majority support), the union must have documentary proof and cannot rely on contract language alone, overruling Staunton Fuel, 335 NLRB 717 (2001).
The rule is available on the Federal Register website here: https://www.federalregister.gov/documents/2019/08/12/2019-17105/representation-case-procedures-election-bars-proof-of-majority-support-in-construction-industry
Public comments are invited on all aspects of the proposed rule, and are due by October 11, 2019. They can be submitted electronically to www.regulations.gov or by mail or hand-delivery to Roxanne Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, D.C. 20570-0001.
For more information, or if you are considering providing a public comment, contact your labor law counsel.