NLRB TO REVIEW QUICKIE ELECTION RULES

On December 12, 2017, the NLRB stated that it is publishing a Request for Information in the Federal Register, asking for public input regarding the Board’s 2014 Election Rule (the quickie or ambush election rule).  The Board will seek information from interested parties regarding three questions:

1.   Should the 2014 Election Rule be retained without change:

2.   Should the 2014 Election Rule be retained with modifications?  If so, what should be modified?

3.   Should the 2014 Election Rule be rescinded?  If so, should the Board revert to the Representation Election Regulations that were in effect prior to the 2014 Election Rule’s adoption, or should the Board make changes to the prior Representation Election Regulations?  If the Board should make changes to the prior Representation Election Regulations, what should be changed?

Public responses to these questions are solicited from December 13, 2017 to February 12, 2018, for a period of sixty (60) days.  The NLRB is really moving rapidly on Obama-era rules and regulations.  Speculation is that the NLRB with the Republican majority will try to revise administratively the 2014 Election Rule even absent a change in the rule itself.  The quickie election rules reduced the amount of time from union petition to the date of election from approximately thirty-eight (38) days to approximately twenty-three (23) days, and changed many election and voting procedures.  Quicker elections are generally considered to give the union a better chance of winning.