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NLRB to vote on “Quickie Election” rule

Board will vote Nov. 30 on proposed election amendments

As the National Labor Relations Board (NLRB) prepares to lose one of its three members at the end of the year, it appears to be scrambling to vote on a set of proposed amendments to union election procedures.

The board announced last week that it will vote on the so-called “Quickie Election” rule Nov. 30, just about a month before board member Craig Becker’s term expires on Dec. 31. The board’s proposed rule, which it published in June, would shorten union representation elections to about 30 days as opposed to the current 56 days. Experts say the shorter time frame would make it more likely that unions win elections, which is disconcerting to employers.

The proposed rule also includes the following significant changes to the current union election process:

  • Accelerating the initial hearing date following the filing of a representation petition
  • Mandating expansive pre-hearing discovery of issues
  • Significantly curtailing the ability to litigate issues before an election
  • Eliminating the right to file post-hearing briefs
  • Barring pre-election requests to review regional decisions
  • Requiring lists of eligible voters be filed within only two days
  • Providing unions with voters’ phone numbers and email addresses

According to a NLRB press release, the Nov. 30 meeting “will be open to the public, although the public may not participate.” The agency did not, however, specify which proposed amendments it will be considering at the meeting.

Read more about the upcoming vote on Jackson Lewis’ website.

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