Beginning next month, the National Labor Relations Board’s (NLRB) new rules on union elections take effect after the NLRB’s ruling last December. This is good news for unions and union workers, as it should result in faster union elections and more unionized workforces overall.
The new rule does not allow the employer to litigate certain issues before the union election. Under the soon-to-be-old rule, employers could litigate the proposed size of the union, employees’ eligibility to vote in the union and the scope of the union contract. Employers could litigate the issues, thereby holding-up the union organization process. Employers would typically use the time delay to address the pros and cons of unions with their employees.
However, after next month, any litigation will have to wait until after the union election. Moreover, employers will no longer have additional time to campaign against union organization. The NLRB hopes the new rule will reduce unnecessary litigation when it comes to union representation in the workplace. In addition, the NLRB thinks the new rule will save time and resources for employers and unions.
The NLRB’s new rule takes effect on April 30, 2012.
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Approved by attorney Roger Johnson