On December 22, 2011, the National Labor Relations Board
published a final rule implementing sweeping changes to its
long-standing representation election procedures. As forecast in
Fisher & Phillips'
December 6, 2011 Legal Alert, the final rule was hastily
published just before the Board is expected to lose its quorum (and
its legal authority to act) upon the expiration of Member Craig
Becker's recess appointment. Absent judicial or legislative
intervention, the final rule will take effect on April 30,
2012.
What's In The Final Rule
The Democratic majority has suggested that the amendments will
reduce unnecessary litigation in representation cases, thereby
enabling the Board to better fulfill its duty to expeditiously
resolve questions concerning representation. It seems clear,
however, that the primary purpose behind these changes is to
substantially speed up the election process, potentially depriving
voters of the opportunity to make a fully informed decision.
