Employment Law Update: Pro-Labor NLRB Accelerates Union Elections
Date: March 6, 2024
By:
Steven E. Bers
In the 1990’s, the NLRB practice generally allowed seven to eight weeks between the filing of a union representation petition (often an employer’ first notice that a union is approaching its employees) and the actual date of a vote. The time between petition and election is critical to employers for presenting information, often correcting or filling in information unions misrepresent or neglect in the months that unions use to speak to employees before a petition is filed.
By its own explanation, the NLRB announced that pre-election hearings will be sooner. Employers will now have three (3) days to file a statement of position after receiving a petition copy, notices to employees will be posted sooner, and elections will be conducted faster.
By example, in a matter brought to Whiteford by a client in February 2024, the employer first learned of the petition on Tuesday. A position statement was required by Friday at noon, and a hearing to address any election issues was scheduled at 9:00 am Monday, with the Union petitioning for an election on Friday (i.e., eight days after the petition was filed).
Only with effort did the NLRB allow the delay of one day for a position statement, and 3 days delay in the scheduled hearing. Whiteford was successful in moving the election date back to 11 days after the scheduled hearing date, allowing some rushed time for the employer’s responsive communications before the vote.
The new rules clearly favor unions in their strategy to limit the employer’s opportunity to provide employees with both sides of the representation question. With the new rules, employers are strongly advised to contact Whiteford employment counsel as soon as any information comes to the employer’s attention concerning organizational attempts.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.