National Labor Relations Board Seeks To Modify Procedures In Representation Cases

The National Labor Relations Board ("Board") yesterday proposed significant amendments to procedures in representation cases involving secret ballot elections. According to the Board, the proposed amendments are intended to "remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation" and, if adopted, will streamline pre- and post-election procedures, facilitate electronic communications and document filing, and reduce unnecessary litigation. The Board seeks to simplify and standardize representation case procedures, making them more uniform across regions. Employers and unions would be required to quickly identify issues after an election petition is filed to facilitate resolution, and most voter eligibility issues would be deferred until after an election. If adopted, the amendments would consolidate all election-related appeals to the Board into a single post-election appeals process and make Board review of most