The NLRB has proposed a new rule this morning that would dramatically shorten the length of the union election process. Under current rules, most (95 percent) union elections take place within 56 days of union election petition being filed by a labor union, and the median time frame for these elections are 38 days. Under the new rules being proposed this timeframe would be shortened to as little as two weeks after a union election petition has been filed.
This new rule would effectively ambush employers into quicksnap elections. This proposal would significantly limit the ability of employees to make an informed decision on union membership based on information from both their employer and a labor union.
This new rule would also shorten the time that employers must submit electronic lists of employees to labor unions before an election from 7 days to 2. The concept of "quickie" union elections had been floated as an alternative to the Employee Free Choice Act's card check provision, but was never considered by Congress. Now that the prospects for Congressional passage of the card check legislation are extremely limited, employers continue to face threats of aspects of the legislation being implemented by federal agencies, like the NLRB, through rulemaking. The NAM remains committed to opposing all forms of the Employee Free Choice Act - both in Congress and in federal agencies.
The NAM will continue to review this rule and is seeking feedback from NAM member companies. The NAM (and the public) will have 75 days from today to respond with formal public regulatory comments to the NLRB. A copy of the proposed rule is available by clicking here additional information from the NLRB is available here.