The National Labor Relations Board is scheduled to vote November 30 on several proposed amendments to its election procedures that were announced earlier this year.
In June the Board released a notice of proposed rulemaking listing potential changes to rules and regulations that would allow for the electronic filing of election petitions, require employers to provide employee email addresses to unions, and defer all voter eligibility issues until after the election.
Some of the proposed rules would also consolidate all election related appeals into a single process and make Board review of post-elections decision discretionary instead of mandatory as the rules currently require.
The Board received more than 65,000 written comments and heard testimony from 66 speakers at a two-day hearing. In response, Board Chairman Mark Pearce will propose issuing a final rule limited to the provisions concerning election litigation. Members will discuss and vote to accept the proposals, draft a final rule, and defer the other proposed amendments for further consideration. If approved, the practical effect of the rules would greatly reduce employers’ ability to respond to union-organizing campaigns.
We will continue to keep you updated as to the outcome of this meeting and any changes to the NLRB election process.