New Rule Restores Faster, Simpler Election Procedures at NLRB

Workers and unions petitioning the National Labor Relations Board (NLRB) for a union election soon will have a faster and smoother road to those elections. In August, the NLRB adopted a Final Rule to streamline election procedures and shorten timelines so workers can cast their ballots sooner. The Rule reversed the last of the NLRB’s 2019 rule changes, several of which already had been struck down or enjoined by federal courts.

Under the 2019 rules, employers had more opportunities to bog down organizing and delay voting with expensive and time-consuming litigation and appeals over what job positions to include or exclude, whether certain individuals can vote, or whether multiple facilities should bargain together. These delays too often give employers a longer window of opportunity to harass, intimidate, and discourage workers and hamper organizing.

Under the new rule, the NLRB’s regional offices now will be expected to schedule elections for “the earliest date practicable.” The rule speeds up processing timelines and delays challenges to the scope of the bargaining unit or individual employee eligibility until after workers have had the opportunity to cast their ballots. Hearings before the election will address only whether an election should take place at all. In addition, parties will have to show “special” or even “extraordinary” circumstances to delay hearings and other pre-election procedures.

The new rule will go into effect on Dec. 26, 2023. The experienced labor attorneys at Willig, Williams, & Davidson are ready to help our union clients navigate these new timelines and procedures so that workers can make their voices heard!