On Dec. 22, 2011, the NLRB issued a final rule, which is scheduled to go into effect April 30, 2012, that implements provisions of a controversial proposal to change union representation elections. ABC publicly criticized the move, and the ABC-led Coalition for a Democratic Workplace (CDW) filed a legal challenge to block the rule.

The final rule includes certain provisions of a June 2011 proposed rule (commonly referred to as the “ambush” elections proposal), which ABC strongly opposed because it would significantly limit an employer’s ability to educate employees about the pros and cons of union representation. Under the June proposal, the amount of time between when a petition is filed and a union election takes place would have been reduced from the average of 38 days to as few as 10 days. The Board also would have required pre-election hearings within seven days and provided employers with only two days to produce contact information for employees.

Under the modified final rule issued in December 2011, the Board disposed of the rigid seven- and two-day requirements, but limited the issues an employer can raise at a hearing and the employer's opportunity for appeals. The impact will still shorten election time frames, with experts estimating elections will be held within 14 to 24 days.

The NLRB hastily expedited publication of the “ambush lite” election rule in an attempt to finalize it before Board Member Craig Becker’s term officially expired on Jan. 3, 2012. Board Member Brian Hayes was the sole dissenting voice when the proposal was being considered, and a strongly worded dissent is expected before the rule goes into effect.

For more on the rule, visit ABC’s Newsline.

RESOURCES:

• Final Rule on Representation-Case Procedures
• NLRB Release
• Summary of Amendments Included in Final Rule