By Ruder Ware Alumni
June 5, 2015
The NLRB “quickie election” rules have been in effect for the past six weeks. As predicted, the implementation of these new rules has resulted in a significant increase in union election petitions. Under these new rules, the procedure to move from the filing of a petition to an actual election amongst employees takes approximately three weeks and employers are severely hampered in their ability to present information and speak against the union organizing campaign.
For the month from March 13 to April 13, there were 212 union election petitions filed with the National Labor Relations Board. In the period from April 14 to May 14, there were 280 petitions filed – showing a 32% increase in union election petitions. This shows a significant advantage perceived by unions because of the shortening of the union election process.
Under the “quickie election” process, an employer must file a position statement within days of receiving a union election petition from the NLRB. Any challenges to the employees eligible to vote in the election will be delayed until after the election is held to determine whether or not the challenged positions really have an effect on the results of the election. A recent court challenge to these election rules in Texas was unsuccessful in halting the continued implementation of these procedures. A legal challenge is still pending in federal court in Washington D.C. Employers have very little opportunity to respond to an election petition and should consider developing a model election campaign in order to be prepared if a petition is filed under these new election procedures.
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