On December 12, 2014, the National Labor Relations Board
("NLRB") issued a final rule that significantly revised
its procedures for union elections. The new rule imposes additional
obligations on employers while simultaneously drastically reducing
the amount of time to prepare for the election proceedings.
The National Labor Relations Act ("NLRA") grants
employees the right to join unions and bargain collectively. When a
sufficient number of employees sign union authorization cards
stating their interest in having a union represent them (this often
happens without an employer's knowledge), the union can file an
election petition with the NLRB. Under the NLRB's present
election procedures, an election normally occurs within one or two
months after a union files its election petition. The NLRB has the
authority to oversee this process and resolve questions of
representation.
