On December 15, 2014, the National Labor Relations Board (NLRB) adopted a final rule that will modify how representation cases (e.g., union election petitions) will be handled. These changes, scheduled to become effective on April 14, 2015, will apply to all representation cases filed on or after April 14, 2015.
Today, the NLRB’s General Counsel issued a Memorandum to all NLRB Regional Offices and the public to assist them in administering the new rules.
A Notice of Representation Hearing (typically to the employer) will be sent as soon as the petition is processed, and a representation hearing will be scheduled no later than eight days from the date of the petition.
In addition, at least one day before the representation hearing, the employer will be required to submit a Statement of Position, which must identify the issues the employer wishes to litigate at the hearing if the employer contends the proposed unit is not appropriate. It must also identify the classifications of employees that the employer contends must be added or excluded from the proposed bargaining unit.
There are many other procedural requirements which may turn out to be crucial, because failure to supply the required information prior to the hearing likely will bar employers from litigating those issues in the future.
A copy of the full General Counsel Memorandum can be found here.
Contact MSEC’s Labor Relations Department for assistance.