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NLRB Updates for 2012

Published by on January 6, 2012

In addition to several “recess” appointments to the NLRB while the Senate was looking the other direction, the NLRB has a busy spring ahead of it.  More after the break. The first big story is that the NLRB has postponed the effective date of the new workplace poster until April 2012.  The Connecticut Employment Law […]

In addition to several “recess” appointments to the NLRB while the Senate was looking the other direction, the NLRB has a busy spring ahead of it.  More after the break.

The first big story is that the NLRB has postponed the effective date of the new workplace poster until April 2012.  The Connecticut Employment Law Blog has the story here.

The second big story is that the NLRB has approved a new rule amending the union election procedure.  The Board approved a final rule amending its procedures for union election case procedure to take effect April 30, 2012.  The new rule is intended to simplify procedures and reduce legal delays to union elections. 

Under the new rule, regional hearings will be expressly limited to issues relevant to the question of whether an election should be conducted.  The hearing officer will have the authority to limit testimony to relevant issues, and to decide whether or not to accept post-hearing briefs.  Disputes regarding which employees are included in the bargaining unit will be resolved by the NLRB after the election takes place.  Additionally, all appeals of Regional Director decisions will be consolidated into a single post-election request for review.  Parties are currently permitted to appeal Regional Director decisions at multiple stages in the process.  In addition, the new rule makes all NLRB review of Regional Directors’ decisions discretionary. 

The new rule was drawn from a more comprehensive proposal that would have required employers to provide union organizers with a list of employees’ email addresses and phone numbers. 

The United States Chamber of Commerce has filed a lawsuit challenging the validity of the new rule.  The Chamber of Commerce argues that the NLRB’s new rule circumvents safeguards meant to ensure fair union elections by ensuring that employers have no time to talk to their employees about unionizing. 

Click here to read the final rule and introduction.

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