Tag Archives: Election Rules

NLRB: Hearings in Representation Cases with Witnesses Must Be Conducted By Videoconference during COVID-19 Pandemic

As most of the country’s workforce continues to adjust to the new realities of social distancing, stay-at-home orders, and limited travel, the practice of law and the forums for adjudicating disputes have shifted to video and telephonic hearings to ensure that the wheels of justice continue to turn notwithstanding COVID-19. The NLRB has been no … Continue Reading

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

By Mark Theodore and Joshua Fox on April 8, 2020 Posted in COVID-19, NLRA, NLRB

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice requirements attendant to voluntary recognition; and 9(a) recognition in the construction industry). The rule was expected to be effective as … Continue Reading

NLRB Issues Final Rule Reworking Union Election Procedures

By Mark Theodore, Joshua Fox and Scott Tan on April 1, 2020 Posted in NLRA, NLRB, Rulemaking

Although, like everyone else, the personnel at the NLRB have been consumed with the impact of the COVID-19 pandemic on daily operations, including the ability of its Regional Offices to function and serve the public, the Board nevertheless continues moving forward on non-COVID-19 matters as well. On March 31, 2020, the NLRB announced it had … Continue Reading

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come!

By Mark Theodore, Joshua Fox and Meika Freeman on August 13, 2019 Posted in Decertification elections, NLRA, NLRB, NLRB Election Rules, Representation Elections, Rulemaking

The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election procedures – with potentially more to come. The NLRB made sweeping changes to the election procedures through rulemaking in 2014, which have been criticized as … Continue Reading

NLRB Enforces Ambush Election Rules…..Then Finds Way Around Them

By Mark Theodore on August 29, 2016 Posted in NLRA, NLRB, NLRB Election Rules

There has been a lot of hype about the so-called NLRB ambush election rules. These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the system to delay a secret ballot election. Of the many new rules issued by the NLRB, … Continue Reading