Labor Board Walks Where Congress Fears to TreadOn June 27, 2011 by Schnader
In the June 22 Federal Register, the National Labor Relations Board (“NLRB”) published a Notice of Proposed Rulemaking (“Notice”) that will significantly change the representation election process. Using the rationale that it is “streamlining” the representation election process, the NLRB plans to accomplish through expedited rulemaking part of what the Obama Administration failed to do when Congress could not pass the Employee Free Choice Act. As many employers learn of a unionization campaign only after the petition for election is filed, often months after the union has begun quietly campaigning, the expedited election process would give unions a considerable advantage, as employers will have far less time to convey their message during the truncated pre-election period. This Alert discusses the proposed rule.