Accessibility Tools

The Latest      —


Written on .

On December 15, 2014, the NLRB adopted as a final rule its "quickie election" process for union elections. The new rule will take effect on April 14, 2015. The changes include the following:

  1. After the union files a representation petition, a hearing on the petition will be scheduled eight (8) days after hearing notice is served. The non-petitioning party, usually the employer, will be required to respond to the petition and state its positions the day before the pre-election hearing opens. The petitioner, usually the union, will respond to the issues raised by the non-petitioning party at the opening of the hearing.
  2. Only issues necessary to determine whether an election should be conducted will be litigated at the pre-election hearing. The NLRB will defer litigation of eligibility and inclusion issues affecting a small percentage of the appropriate voting unit to the post-election stage.
  3. As part of its statement of position, the employer will be required to provide a list of prospective voters with their job classifications, shifts and work locations, to the NLRB’s regional office and to the union, generally one business day before the pre-election hearing opens.
  4. In addition, the employer must submit a voter list within two (2) business days of the NLRB regional director’s approval of an election agreement or decision directing an election. The voter list will now include personal phone numbers and email addresses if available to the employer.

Editor’s Note: This new long-anticipated NLRB rule is known in some circles as the "ambush" election rule. The reason is that it will reduce the time period between the union filing a petition (request) for an election and the election itself to approximately twenty-five (25) days. Since there is no requirement on the part of the union to give the employer early notice of its organizing campaign and/or the filing of an election petition, the employer will have only approximately three (3) weeks to understand the issues, determine its legal position and comply with numerous NLRB requirements, educate its management staff on NLRB speech issues, and communicate its position on unionism to the workforce.

We will devote more discussion in the next newsletter to this issue, as the "quickie election" rule is probably the most important NLRB pronouncement in the past 65 years. It currently takes a median of forty-two (42) days to conduct an NLRB election, a time period which will be significantly reduced under the new procedures. Historical data shows that the longer the employer has to communicate and explain its position about unions, including their disadvantages, the greater the employer’s chances of prevailing in the election. This advantage was the very reason the NLRB majority changed its procedures.

The quickie election rule was passed on a 3-2 vote of the NLRB, with the two Republican members dissenting. Undoubtedly the new procedures will be challenged in court, but employers should not count on the quickie election rules being overturned in court.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

paying for item, indoors, business

Pay Gains Are Shrinking

Everyone can feel the high inflation levels that have been plaguing the U.S. over recent months.  Recent data indicates the high inflatio...
notebook, pencil

Recent Ruling Limits At-will Provisions of Employee Handbook

Most employers have employee handbooks, and most employers have done a pretty good job of including at-will statements therein and statem...
bee hive, outdoors

If You Have a Company Intranet Site, Read This

Many employers have company non-public intranet sites allowing employees to communicate with the company and each other on matters of int...
covid 19 virus, concept

Benefit Adjustments When COVID-19 Emergency Ends

The Biden administration has announced that the COVID-19 emergency will end May 11, 2023.  Employers should prepare now for changes that ...
holding a be the good mug, indoors

No Good Deed Goes Unpunished... but Sometimes the Do-gooder Is Vindicated

The U.S. Court of Appeals for the Eleventh Circuit just held - shock alert! - that paying an employee more than is legally required does ...
promo graphic for Strategies for Coping with Labor Shortages

Where Have All the Workers Gone? Strategies for Coping with Labor Shortages

The declining workforce participation is resulting in job vacancies almost double the number of available employees.  This webinar will e...

Wimberly, Lawson, Steckel, Schneider & Stine

3400 Peachtree Road, Ste 400 / Lenox Towers / Atlanta, GA 30326 /404.365.0900

Where Experience Counts

Thank you for visiting the firm's website. Please note that this website is intended for general information purposes only and does not constitute an offer of representation or create an attorney-client relationship with the firm. The firm welcomes receipt of electronic mail but the act of sending electronic mail alone does not create an attorney-client relationship. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the firm's copyright notice.

© Wimberly, Lawson, Steckel, Schneider & Stine P.C. | Site By JSM