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ARTICLE · 02 AUGUST 2011

NLRB Proposes Drastic Changes to Union Election Procedures

McGuireWoods LLP
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On June 21, 2011, the National Labor Relations Board (NLRB) announced its intent to exercise its rulemaking authority to propose significant changes to Board rules and regulations regarding pre- and post-election procedures in union representation. cases.

United StatesEmployment and HR
Gary Marshall
Gary Marshall
J. Robert Brame
J. Robert Brame
Douglas Topolski
Douglas Topolski
Christopher Michalik
Christopher Michalik

On June 21, 2011, the National Labor Relations Board (NLRB) announced its intent to exercise its rulemaking authority to propose significant changes to Board rules and regulations regarding pre- and post-election procedures in union representation cases. According to the Board's announcement, the proposed changes are intended to "speed up" the election process and "remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation."

In fact, the changes will allow "quickie elections," in which unions can covertly organize employees and demand an NLRB election on such a short timeframe that surprised employers may lack time in which to obtain assistance and lawfully inform their employees of the consequences of choosing union representation. In a related development, the U.S. Department of Labor (DOL) announced on June 20, 2011 proposed changes to its regulations that will (a) substantially expand the reporting obligations and

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