Tag Archives: “quickie elections” rulemaking

Unions Winning More Elections, But Organizing Fewer New Workers

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB data. These percentages are a four-year high for unions. At the same time, fewer workers were … Continue Reading

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review … Continue Reading

Act Two: Employer Failed to Provide Union with Available Voter Contact Information, NLRB Regional Director Finds

In Employer Ambushed by Labor Board’s New Election Rule, we reported that a National Labor Relations Board Hearing Officer decided that Danbury Hospital had not complied with its obligation under the NLRB’s new “quickie election” rule to provide the union which had petitioned to represent approximately 850 of the Hospital’s non-professional employees with “available” personal … Continue Reading

Quickie Elections Just Got Quicker: Electronic Signatures Okayed to Support Union Petitions

The General Counsel of the National Labor Relations Board has decided to accept electronic signatures in support of a showing of interest, effective immediately. In a September 1, 2015, memorandum (issued on September 2), General Counsel Richard Griffin wrote, “[a]s is reflected in the guidelines which follow, I have determined that the evidentiary standards that … Continue Reading

Chamber of Commerce’s Challenge to NLRB “Quickie Election Rule” Fails in District Court

The National Labor Relations Board has won a second legal victory in connection with its “quickie” election rule. U.S. District Court Judge Amy Berman Jackson has rejected arguments raised by the U.S. Chamber of Commerce and other business groups seeking to invalidate the rule for exceeding the Board’s authority under the National Labor Relations Act … Continue Reading

NLRB’s Notice of Bargaining Obligation Purports to Explain All

Amid the noise of the National Labor Relations Board’s new representation case rules, which became effective on April 14, 2015, the Board, without any fanfare, has begun issuing a new document, entitled “Notice of Bargaining Obligation,” as a companion piece accompanying the “Certification of Representative” the Board issues after a union prevails in a representation … Continue Reading

Court Refuses to Restrain New NLRB Election Rules

A federal court in Washington, D.C. has refused to issue a temporary restraining order blocking the National Labor Relations Board’s (“NLRB’s”) new election rules. On April 15, the day after the new rules went into effect, a union seeking to represent carpenters and laborers working for Baker DC LLC in the Washington, D.C. area filed … Continue Reading

NLRB’s “Quickie Election” Rules Effective Today

The National Labor Relations Board’s new “quickie election” rules go into effect today. (Two lawsuits challenging the rules are still pending.) Read here for more information on the rules and their impact on your organization. To learn more about the rules and other important NLRB developments, attend Jackson Lewis’ seminar, “Surveying the New Labor Law … Continue Reading

House Joins Senate in Symbolic ‘Disapproval’ of Quickie Election Rule; Presidential Veto All but Certain

The House of Representatives voted 232-186 on March 19th to disapprove the new NLRB election rules slated to go into effect on April 14th. The Senate passed a similar resolution of disapproval on March 4th. Under the Congressional Review Act, Congress has the authority to “disapprove” (and thus nullify) an agency rule. However, as with … Continue Reading

Chapter Two: Lawsuits Filed Challenging NLRB’s New Election Rules

Seeking a declaratory judgment and injunction against enforcement of the National Labor Relations Board’s new “quickie” election rule, on January 13, 2015, the Associated Builders and Contractors of Texas, Inc., Associated Builders and Contractors, Inc., Central Texas Chapter, and National Federation of Independent Business/Texas filed a complaint against the NLRB in the United States District … Continue Reading

Preparing for Labor Board’s Quickie Election Rule

On December 12, 2014, the National Labor Relations Board issued the so-called Quickie Election rule, designed to shorten the timeline for NLRB elections and minimize pre-election litigation. The rule is set to take effect on April 14, 2015. While the validity of the rule is expected to be challenged, union organizing efforts, which have languished … Continue Reading

NLRB Issues Final “Quickie” Election Rule

The National Labor Relations Board has adopted a final rule amending its representation–case procedures. The rule will be published in the Federal Register on December 15, and will take effect on April 14, 2015. The final rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members … Continue Reading

Substantial Doubt Cast on Imminence of “Quickie” Election Rule

Despite widespread expectations that the National Labor Relations Board would issue its final revised “quickie” election rules prior to the expiration of NLRB Member Nancy Schiffer’s term on December 16, 2014 (to avoid being frustrated by a 2-2 Republican-Democrat split after her departure), recent events suggest the Board might not be so eager to issue … Continue Reading

What the November Election May Mean to the “Quickie” Election Rule

The National Labor Relations Board may be poised to  issue its revised “quickie” election case rules before NLRB Member Nancy Schiffer’s term expires on December 16, 2014 (see Expect NLRB Whirlwind before Schiffer Leaves). But the revised election rules could be short-lived. After the Republicans have gained a majority the Senate in the midterm elections, … Continue Reading

Expect NLRB Whirlwind before Schiffer Leaves

Hold on for the National Labor Relations Board’s version of the popular Disneyland attraction, Mr. Toad’s Wild Ride. With NLRB Member Nancy Schiffer’s term ending on December 16, 2014, expect a flurry of important NLRB activity similar to that which attended the expiration of former-NLRB Member Brian Hayes’ term on December 16, 2012. Among the … Continue Reading

NLRB Begins Public Hearings on Proposed New Election Rules

The National Labor Relations Board yesterday began public hearings on proposed changes to its rules  governing representation elections.  The proposed rules were published in the Federal Register on February 6, 2014. See Notice of Proposed Rulemaking Representation-Case Procedures. The deadline for initial public comments on the rules ended on April 7; reply comments are due … Continue Reading

Congressional Leaders Seek More Time for Comments on New Election Rule

Representatives John Kline (R-Minn.) and Phil Roe (R-Tenn.) have written to National Labor Relations Board Chairman Mark Pearce requesting a 30-day extension to the comment period to the NLRB’s re-issued proposed representation petition rule changes.  The comment and reply comment period ends on April 14, 2014.  While expressing general opposition to significant changes in pre-election procedure … Continue Reading

NLRB Sets Hearing, and Topics, for Representation Case Procedures

Having scheduled a public hearing (April 10 and 11, 2014) on its  resurrected proposal for  accelerated representation case procedures,    the National Labor Relations Board has published a list of “issues” it wants addressed at the hearing.  Many of these issues indicate the Board’s overhaul of its representation case procedures may be even more radical than … Continue Reading

National Labor Relations Board Revives Election Rules Amendments

The National Labor Relations Board has announced that it will propose amending its representation case procedures to accelerate the holding of union representation elections, a move that reprises a June 2011 proposal, later made final as slightly modified, that was withdrawn this January after the NLRB suffered court defeats over its adoption.   Dubbed the “ambush” or … Continue Reading

National Labor Relations Board Pauses from Election Rules Amendments

The National Labor Relations Board has rescinded its “quickie election” amendments to the NLRB’s representation case procedures adopted in December of 2011. The Board’s action, announced on January 22, 2014, follows the 2012 decisions of the U.S. District Court for the District of Columbia in Chamber of Commerce, et al. v. NLRB.  The court decided … Continue Reading
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