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ARTICLE · 07 AUGUST 2024

NLRB Issues "Fair Choice-Employee Voice" Final Rule

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On July 26, 2024, the National Labor Relations Board ("NLRB" or "Board") issued a final rule (the "2024 Rule"), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the "2020 Rule")...

United StatesEmployment and HR
Joshua Fox
Joshua Fox
David Gobel
David Gobel
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On July 26, 2024, the National Labor Relations Board ("NLRB" or "Board") issued a final rule (the "2024 Rule"), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the "2020 Rule") that amended representation election procedures.

As we previously reported, the Board issued its Proposed Rule on this topic in November 2022, and then received a number of comments during the comment period that ended on February 2, 2023. The 2024 Rule marks a return to the blocking-charge policy and immediate voluntary-recognition bar in place before the 2020 Rule, and eliminates a rule that unions in the construction industry must show affirmative evidence of majority support to convert from an 8(f) to 9(a) relationship. The effective date of the 2024 Rule is September 30, 2024, and the 2024 Rule will only be applied to cases filed after the effective date.

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