NLRB Adopts Final Rule to Streamline Union Elections – Effective April 30, 2012

The National Labor Relations Board recently voted to issue a final rule expediting the union election process, effective April 30, 2012.  Although the final rule contains several changes to the NLRB procedures relating to how election petitions are processed, the practical impact is a shorter period between the time that a union files a petition for an election and the date the election is held.  This accelerated timeframe limits employers’ opportunity to communicate with employees about issues relating to union representation prior to employees casting their vote.    

The NLRB vote on the final rule is the latest development in a contentious process stemming from the Board’s original rulemaking proposal in June, which included a more comprehensive overhaul of the election rules.  The somewhat scaled-back final rule, however, has still drawn fire from business groups.  Even before the Board released the final rule, the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a lawsuit against the Board challenging the final rule.  Also, just hours after the Board issued the rule, Sen. Mike Enzi (R-Wyo) announced that he will challenge the rule with the Congressional Review Act, which allows either the House or Senate to introduce a joint resolution of disapproval to stop a federal agency from implementing a recent rule or regulation.

Unless these efforts are successful, the final rule takes effect April 30.  The impending changes highlight the need for employers to review their labor relations and employee communication programs. The changes are also a good reminder of the need for supervisory training.  

For more information about the Board’s resolution and its impact on employers, please contact Roy R. Galewski at (585) 419-8661 / rgalewski@harrisbeach.com, or the Harris Beach attorney with whom you usually consult.

This legal alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Lockport, Long Island, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Yonkers, and White Plains, as well as Newark, New Jersey, and New Haven, Connecticut.