NOTE: Because the COVID-19
situation is dynamic, with new governmental measures each day,
employers should consult with counsel for the latest developments
and updated guidance on this topic.
In the past several days, the National Labor Relations Board
(NLRB) has taken several steps to adjust its operations in the face
of the COVID-19 pandemic sweeping the nation.
Suspension of Representation Elections
On March 19, 2020, the NLRB announced that it would suspend all
representation elections, including mail-ballot elections,
immediately through and including April 3, 2020. The NLRB based its
decision on the need to ensure the health and safety of its
employees, and of the members of the public involved in the
election process. Further, the NLRB rationalized that, due to the
closure of several regional offices and limited operations and
significant telework at other offices, it did not feel it would be
possible to effectively conduct elections during this period.
