Accessibility Tools

Skip to main content

Quickie Election Rule Made Even Quicker by New NLRB Regulation

Written on .

The NLRB issued a final rule pertaining to its election procedures on August 18, 2023, to become effective December 26, 2023.  The new regulation, promulgated without opportunity for comments, sets forth 10 amendments to NLRB procedures, substantially returning those procedures to those in a 2014 rule issued during the Obama Administration.  The changes expedite the conducting of the election itself.  Thus, a pre-election hearing will generally be scheduled to open eight calendar days from service of the notice of hearing, rather than 14 business days.  The rule regarding disputes concerning eligibility to vote or inclusion in an appropriate unit will not be litigated or resolved prior to an election, allowing the election to be held earlier.  The NLRB Regional Directors will specify the election details (dates, times and locations of the election, etc.), in the decision and direction of election rather than conveying them in a later-issued notice of election.  Finally, and perhaps most importantly, the Regional Directors must schedule elections for "the earliest date practicable" after issuance of the decision following the representation hearing.  Management calls the rule the "ambush" election rule because employers have only a couple of weeks or less to campaign and educate voters on election issues. 

This article is part of our October 2023 Newsletter.

View newsletter online

Download the newsletter as a PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
sunset, signs
The Trump Administration, immigrant rights groups, and the courts are battling over who controls the legal status and employment authorizat…
digital sign face
President Trump on January 20 and 21, 2025, issued Executive Orders 14151 and 14173, seeking to eliminate federal Diversity, Equity and Inc…
large skyscraper building
In January of 2025, during the last month of the Biden Administration, the U.S. Department of Justice (DOJ) and the Federal Trade Commissio…
typewriter, cancel
During the Biden Administration, in 2021, President Biden issued an executive order establishing a $15 minimum wage for federal contractors…
old clocks
If you employ a worker with TPS status, you should pay attention to the work authorization expiration date. 
A federal district judge in San Francisco on Monday temporarily blocked the Trump administration from terminating deportation protections f…