NLRB Ramps up Pro-Union Rulemaking on “Quickie Elections”
By J.L. Wilson
Associated Oregon Industries
Some AOI members may be aware of the National Labor Relations Board’s (NLRB) current “quickie election” rulemaking, but for those of you who aren’t, we’d like to offer you a summary of the NLRB’s proposed changes to the process of unionizing a workplace. We’d also like to let you know what you can do to ensure the voice of the Oregon companies is heard at the national level on this issue.
Among other things, the NLRB proposes the following changes to the current election process:
– Accelerate the initial hearing date following the filing of a representation petition;
– Mandate expansive pre-hearing discovery of issues;
– Significantly curtail the ability to litigate issues before an election;
– Eliminate the right to file post-hearing briefs;
– Bar pre-election requests to review regional decisions;
– Require lists of eligible voters be filed within only two days; and
– Provide the union with voters’ phone numbers, e-mail addresses.
Notably, approximately 95% of all representation elections are held in 56 days. The new procedures, if adopted, could shave 30 or more days from this process. Under these changes, it appears elections could be held in slightly over three weeks (or possibly less) from the filing of a petition.
This is a significant change that is detrimental to Oregon companies. It has been long recognized that the more opportunity employees have to learn about unions and collective bargaining, the less likely they are to vote for union representation. The proposed changes would cut that time in half.
Employers nationwide are concerned that this will make it difficult — if not impossible — for many businesses to meet these new quickie requirements and deadlines. It would also seriously curtail the ability of employers to adequately inform and educate employees on the drawbacks of union representation.
Currently, the NLRB’s proposed rule changes are in the commenting phase, which means that you have a chance to voice your concerns about the changes they’re seeking to make to the current workplace elections process.
If this concerns you, you can help by making an official comment on the NLRB’s proposal. Deadline to comment is August 22.
Submit your comment here.
AOI supports current union election guidelines and strongly opposes these new rules which are meant to minimize the ability of employers to make their own case to their employees. AOI asks that members register brief comments in opposition to the rule on this NLRB link.