The new National Labor Relations Board (“NLRB”) election rules change a process that has existed for years. Unions are waiting for April 14 to file election petitions. Employers should take steps to understand the new rules and to be prepared to respond.
The NLRB will require posting of a notice to employees within two days of an election petition.
Employers must provide a statement of position within seven days of the filing of an election petition. The statement must provide significant information on the company and its position. Failure to file a statement in timely fashion may preclude the company from raising issues in litigation related to the election.
The NLRB will hold a hearing on the eighth day after an election petition is filed unless the parties have agreed on election terms. If a hearing is held, the local NLRB director will have authority to determine the date, time, and place for employees to vote.
Once election arrangements are made, employers will have a tight timeframe in which to provide a list of voters along with each listed employee’s home address, email address, home phone number, and cell phone number.
A union wins or loses the election depending on whether it has received a majority of the valid votes cast. The election timeframe will be compressed compared to earlier rules, going from a range of 35-42 days under most recent guidelines to what is expected to be about 20-25 days. NLRB officials have stated that it would be possible for a union to waive certain legal requirements and to have an election in as little as three days from the day an election petition is filed.
Employers’ rights to discuss these issues in litigation, before or after election, will be more limited than under prior rules.
It will be critical for employers to know their rights, to designate their management teams, and to educate both supervisors and employees on the new law and process.
Please contact us with any questions.
Other AALRR Blogs
Recent Posts
- California’s Minimum Wage to Increase to $16.50 Per Hour January 1, 2025
- New San Diego County Fair Chance Ordinance Restricts Employers’ Use of Criminal History
- New Los Angeles County Fair Chance Ordinance Restricts Employers’ Use of Criminal History
- Legislation Impacting California Employee Handbook Policies for 2025
- Update on the California Health Care Minimum Wage
- Resources for California Employers to Track and Confirm Their State and Local Minimum Wage Requirements
- 11 Local Minimum Wage Ordinances Poised to Increase on July 1, 2024
- Fast Food Restaurants -- Be Prepared for a DIR Audit
- U.S. Supreme Court Lowers Bar for Proving Discrimination Claims
- Governor Signs Urgency Legislation Exempting Certain Restaurants from New Fast Food Minimum Wage
Popular Categories
- (54)
- (156)
- (39)
- (25)
- (7)
- (42)
- (36)
- (23)
- (15)
- (15)
- (6)
- (7)
- (6)
- (6)
- (9)
- (6)
- (4)
- (2)
- (3)
- (2)
- (2)
- (2)
- (2)
- (3)
- (3)
- (1)
- (1)
- (2)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Cindy Strom Arellano
- Sarkis A. Atoyan
- Eddy R. Beltran
- William M. Betley
- Brigham M. Cheney
- Michele L. Collender
- Kevin R. Dale
- Scott K. Dauscher
- Alexandria M. Davidson
- William A. Diedrich
- Paul S. Fleck
- Lauren S. Gafa
- L. Brent Garrett
- Evan J. Gautier
- Carol A. Gefis
- Jennifer S. Grock
- Jonathan Judge
- David Kang
- Nate J. Kowalski
- Joshua N. Lange
- Catherine M. Lee
- Thomas A. Lenz
- David M. Lester
- Martin S. Li
- Jorge J. Luna
- Brian D. Martin
- Ronald W. Novotny
- Michael J. O'Connor, Jr.
- Aaron V. O'Donnell
- Shawn M. Ogle
- Sharon J. Ormond
- Nora Pasin
- Joseph E. Pelochino
- Chesley D. Quaide
- Todd M. Robbins
- Irma Rodríguez Moisa
- Saba Salamatian
- Casandra P. Secord
- Jon M. Setoguchi
- Ann K. Smith
- Amber M. Solano
- Susana P. Solano
- Susan M. Steward
- April Szabo
- Jay G. Trinnaman
- Jonathan S. Vick
- Robert L. Wenzel
- Brian M. Wheeler
- Glen A. Williams
Archives
2024
2023
2022
- November 2022
- October 2022
- September 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
2020
- December 2020
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
2019
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
2018
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- March 2018
- February 2018
- January 2018
2017
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- March 2017
- February 2017
2016
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
2015
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
2011
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011