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ARTICLE · 07 FEBRUARY 2014

Same Old, Same Old: NLRB Reproposes Controversial Union-Friendly Rule On Procedures In Representation Cases

ArentFox Schiff
ArentFox Schiff
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By a narrow 3-2 margin, the National Labor Relations Board (NLRB or Board) issued a notice of proposed rulemaking (NPRM or Notice) on February 6, 2014 to amend its rules and regulations on representation election procedures under Section 9 of the National Labor Relations Act (NLRA or Act).

United StatesEmployment and HR
Michael Stevens
Michael Stevens
Karen Vladeck
Karen Vladeck

By a narrow 3-2 margin, the National Labor Relations Board (NLRB or Board) issued a notice of proposed rulemaking (NPRM or Notice) on February 6, 2014 to amend its rules and regulations on representation election procedures under Section 9 of the National Labor Relations Act (NLRA or Act). The proposed rule is widely regarded as being more union — than employer — friendly. Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer approved the proposed rule. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.

Background

In substance, the proposed amendments are identical to the representation procedure changes first proposed on June 22, 2011. After considering the input provided in response, the Board announced on December 22, 2011 that it was going to implement a final rule adopting some of those proposed amendments and defer the remainder for further consideration. That final rule was invalidated by a District Court

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