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ARTICLE · 14 AUGUST 2019

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

Littler Mendelson
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On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103.

United StatesEmployment and HR
Jason Stanevich
Jason Stanevich
Michelle Devlin
Michelle Devlin
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On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first proposed amendment would modify the Board's blocking charge policy by establishing a vote-and-impound procedure for processing a representation petition when a party seeks to stay an election while an unfair labor practice (ULP) charge is pending. The second proposed amendment would change the current recognition-bar policy by re-establishing a notice requirement and a 45-day open period for filing an election petition following an employer's voluntary recognition of a labor organization. The third proposed amendment would overrule Board law holding that contract language, by itself, can establish the existence of a Section 9(a) bargaining relationship for companies in the construction industry.

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