“Quickie Election” Rule Issued by NLRB

A final rule has been issued by the National Labor Relations Board (NLRB). The rules revises union representation case procedures to the advantage of unions. As expected the rule is very similar to proposed rules that were issued in February 2014 and June 2011. The rule will take effect on April 14 of 2015 and is published in the December 15, 2014 issue of the Federal Register. Opposed to the rule are AGC and AGC supported coalitions who’re looking to block implementation of the rule.

The rule is often called the “quickie election” rule. It is also sometimes called the “ambush election” rule. The rule speeds along the process in cases where a union files a petition for an election to become the only collective bargaining representative of unit workers.

The Rule entails the following:

– shortens the time between the union’s filing of the petitions and the actual holding of election

– limits issues to be litigated at the pre election and defers disputes over voter eligibility until after the election

– requires employers to file position statements before a hearing

– requires employers to also include email addresses and telephone numbers in the information they give unions

– renders reviews by the Board after the election discretionary

The Board claims the rules makes procedures simpler and more uniform. They have published a fact sheet comparing current procedures to new procedures.

The Coalition for a Democratic Workplace plans to file a legal challenge very soon. AGC is a member of this coalition. AGC and others are thinking about more ways to prevent implementation of the rule.

Meanwhile, employers should examine employee relations, identify and immediately take care of any problems. This includes making sure wages and benefits are competitive. Union contractors should also assess relationships with different local unions in the area and note any discord, especially if there’s a need to bargain with them concerning wages and benefits.