On June 22, the National Labor Relations Board published in the
Federal Register proposed amendments to its procedures for
representation elections. While the Board's stated intent is to
"reduce unnecessary litigation, streamline pre- and
post-election procedures, and facilitate the use of electronic
communications and document filing," the impact on employers
is clear: once a representation petition is filed, employers will
have dramatically less time to communicate with employees about the
election. This is sure to result in significantly increased union
election victories.
The Board will engage in rulemaking to achieve these changes and
will offer the public the opportunity to comment through a public
hearing scheduled for July 18 and, possibly, July 19, as well as
through a 60-day period for written comments. These deadlines
suggest the Board is fast-tracking the public comment period and it
is likely a final rule will be issued expeditiously.
