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ARTICLE · 19 NOVEMBER 2021

NLRB Considers Rulemaking On Virtual Hearings

Littler Mendelson
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On November 4, 2021, the National Labor Relations Board (NLRB) issued an Advance Notice of Proposed Rulemaking (ANPRM)...

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
Kathryn Siegel
Kathryn Siegel
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On November 4, 2021, the National Labor Relations Board (NLRB) issued an Advance Notice of Proposed Rulemaking (ANPRM), soliciting public comments regarding potential revision of the Board's rules and regulations to incorporate permanently the optional use of videoconference technology for all aspects and phases of unfair labor practice and representation case hearings.

Prior to the COVID-19 pandemic, the Board rarely used remote technology tools such as videoconference. Section 102.35(c) of the Board's rules does permit the contemporaneous, remote testimony of witnesses in unfair labor practice hearings "[u]pon a showing of good cause based on compelling circumstances, and under appropriate safeguards." While on occasion witnesses were permitted to testify via videoconference in ULP proceedings (such as when a witness was barred from travel for medical reasons), the default and expectation was that all testimony would be presented in person. The Board's rules

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