Home > Uncategorized > Our Take on the New NLRB Representation Case Rules

Our Take on the New NLRB Representation Case Rules

The NLRB has released a FAQ (printable version) on the new representation case rules. Our read on them boils them down to this: As an employer, you are on your own. The entire election cycle will be ruled by the Regional Director, who have consistently been leaning in the unions’ favor.

Hearings:

  • If there is a dispute over unit size/employee appropriateness, and the difference is less than 10% of the whole, disputing will be a waste of time and resources; the ruling WILL be in favor of the petitioner.
  • Hearings will now take place in 5 business days, rather than the previous 25.

Elections:

  • Elections will be scheduled at the Regional Director’s convenience. Our take is that slower regions will have elections within 5-10 days of filing and busier regions within 10-15 days. Plan on an average 12 day election cycle.
  • If there was a dispute over unit size/employee appropriateness and it was not resolved in the Hearing stage, do not expect any changes before or after the election; you will probably have to take it to court, unless the petitioner is reasonable. Per the Board “the parties have often resolved these issues themselves in negotiations.” (i.e. “We’re not going to get involved.”)

Overall Message:

You as an employer are not going to receive a fair deal. The FAQ makes a minor attempt to address the Board’s blatant bias with some pointed questions (e.g. Isn’t the refusal of the Board to resolve supervisory status before the election going to inhibit employer rights… and …isn’t this a backdoor way to speed up elections?) Unfortunately, the responses are evasive and do not really answer anything. Reading between the lines, however, reveals a clear message: The employer is definitely the underdog.

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