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Employment Blog

New Day for Union Representation Elections

Authored by Dean R. Dietrich
Posted on April 14, 2015
Filed under Employment

Today is the day that the new “quickie election” regulations take effect. As of writing this blog, we have not heard of any legal challenge that has successfully stopped the new regulations from being implemented. Under the new regulations, a union representation election petition will be placed on a fast track for processing by the National Labor Relations Board. Employers will be required to respond immediately to any election petition filed by a union and will be given little opportunity to challenge which employees would be considered eligible to vote in the election. 

General counsel for the National Labor Relations Board issued a Guidance Memorandum about the new election rules last week. This Guidance can be found at www.nlrb.gov/what-we-do/conduct-elections.

Every employer that is subject to a potential union organizing campaign should be aware of these new regulations and recognize the potential for a very quick process leading to a union election vote. Employers may not be able to provide legal challenges to who would be eligible to vote in a union election and have to wait until after the election is conducted before determining whether certain employees are supervisors or managers that are not eligible to vote for union representation.