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ARTICLE · 04 OCTOBER 2011

Killing The Message And The Messenger - Can The NLRB Pull The Trigger?

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The period for filing comments has now expired both for the NLRB’s proposed election regulations (killing the message by drastically shortening the time frame within which an employer may communicate with its employees.

United StatesEmployment and HR
Ronald Meisburg
Ronald Meisburg
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The period for filing comments has now expired both for the NLRB's proposed election regulations (killing the message by drastically shortening the time frame within which an employer may communicate with its employees between a union election petition and the secret ballot election), and the Department of Labor's amendments to the persuader regulations (killing the messenger by imposing draconian reporting rules intefering with the attorney client privilege and the ability to obtain legal advice on a range of union related issues).  It is now anticipated that both sets of regulations will be promulgated in the next few months.

The legal ability of the NLRB to issue the final regulations, however, is open to question.  Currently, the Board has three members:  Chairman Mark Pearce, Member Craig Becker and Member Brian Hayes.  The NLRB has long maintained a custom and practice of not changing existing law or overruling case precedent without three members voting to do

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