New NLRB Election Procedures in Effect for Union Elections

HR Daily Advisor

Chair of Olshan’s Employment Practice partner Michael Passarella authored an article in HR Daily Advisor entitled “New NLRB Election Procedures in Effect for Union Elections.” In the article, Mike first discusses that the National Labor Relations Board (NLRB) has changed its procedures for employees seeking representation by a union by essentially reverting to a procedure enacted during the Obama Administration that was later changed in 2019 during the Trump Administration. Among other changes, the procedure calls for regional offices of the NLRB that oversee elections to expedite elections versus observe a 20-business-day waiting period previously in effect and to postpone many challenges until after the election has taken place. “The changes to timing mean that elections will be held about three weeks earlier following a petition than they were from 2019-2023,” he writes. “Particularly in situations where employers were unaware of union organizing efforts before a petition was filed, the shortening of the campaign period, during which time employers can communicate with employees about the prospect of an organized workforce, is significant.” The NLRB also announced a decision wherein, if a majority of employees wish to be represented by a union, and if the employer refuses to recognize and bargain with the union, the NLRB will order the employer to recognize the union and bargain—unless the employer successfully challenges majority support by filing its own petition with the NLRB. This new requirement has caused a significant spike in employer petitions.


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