Employers cheer new rules for union elections

The National Labor Relations Board (NLRB) recently announced new rules for representation case procedures that will come as welcome news to employers. Many of the changes revise the 2014 Obama-era Board's so-called "quickie" election rules, which imposed tight procedural deadlines and compressed timelines for scheduling elections. Relaxing many of the key deadlines should make it easier and less stressful for employers to respond and should allow for issues presented by petitions to receive more careful review. Let's look at the key changes to the representation procedures.

Scheduling of preelection hearings

Preelection hearings will now generally be scheduled 14 business days from the notice of hearing. NLRB regional directors will also have discretion to postpone preelection hearings for good cause. The change will allow for a more thorough review of and preparation for relevant issues to be presented at the hearing.

Under the current rules being replaced (we will call them the “old rules”), preelection hearings were scheduled for eight days from the notice of hearing.

Posting notice of petition for election

Under the new rules, the employer will be required to post and distribute the notice of petition for election within five business days after being served with the notice of hearing.

Under the old rules, the posting had to be up within two business days.