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ARTICLE · 21 APRIL 2015

The NLRB’s Changes To Representation Case Procedures

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Beginning on April 14, 2015, the National Labor Relations Board's ("NLRB" or the "Board") new representation case procedural rules will be applied to all representation petitions filed thereafter.

United StatesEmployment and HR
Eric Raphan
Eric Raphan
Brian DeShannon
Brian DeShannon
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Beginning on April 14, 2015, the National Labor Relations Board's ("NLRB" or the "Board") new representation case procedural rules will be applied to all representation petitions filed thereafter.  While the NLRB insists that the new rules "remove unnecessary barriers to the fair and expeditious resolution of representation cases" and "simplify representation-case procedures," a closer reading of the rules makes it clear that they are designed to place a more onerous burden on employers during the representation case process.  Examples of the increased burden on employers include, but are not limited to:

  1. Immediately following the Board's receipt of a union's petition for election, it will mail the employer, among other things, a Notice of Hearing and a Notice of Petition. The employer will then be required to post a Notice of Petition in all places where notices to employees are customarily placed within two days of its receipt of the Notice of Petition.  If the

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