Service of the voter list on the union by the employer is mandatory and the failure to serve it will result in setting aside an employer’s election victory when a timely objection is filed by the union, the National Labor Relations Board has decided. URS Federal Services, Inc., 365 NLRB No. 1 (Dec. 8, 2016). The NLRB reversed the Acting Regional Director’s decision overruling the union’s objection.

As part of its “quickie election” rule, the NLRB provided that the employer “shall provide to the regional director and the parties… a list of the full names… [and other information] of all eligible voters.” The rule also provides that the “failure to file or serve the list ‘shall be grounds for setting aside the election whenever proper and timely objections are filed.’”

In this case, the employer timely filed the voter list within two business days of the approval of the parties’ election agreement. However, the employer did not serve the list on the union. After losing the election, the union filed an objection that the employer had not served the list on it. The Acting Regional Director for Region 20 overruled the objection and excused the employer’s failure to serve the list on the union on the grounds that the Region had provided the list to the union on a timely basis.

The union appealed to the NLRB in Washington, D.C. and the NLRB reversed the Acting Regional Director. It found the requirement that the list be served on the union by the employer was mandatory. The Board found the rule does not give “regional directors the discretion to excuse parties from complying with the voter-list service requirement.”

This requirement is one of many burdensome additional responsibilities the new rule places on employers. As a result an employer faced with a representation petition must carefully review the rules with its labor counsel to ensure full compliance. As shown by this decision, the consequences of a failure to fully comply are serious – an employer’s election victory can be overturned and a new election conducted.

 

Print:
EmailTweetLikeLinkedIn
Photo of Howard M. Bloom Howard M. Bloom

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues.

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification campaigns. He also represents clients at the National Labor Relations Board in connection with bargaining unit issues, objections and challenges, as well as unfair labor practice investigations and trials. Mr. Bloom also has been the spokesperson at countless first and successor contract collective bargaining negotiations, and regularly advises on collective bargaining agreement administration issues, including grievance/arbitration issues.

Mr. Bloom has appeared before the Massachusetts Supreme Judicial Court, the U.S. Court of Appeals for the District of Columbia, several U.S. District Courts, the National Labor Relations Board, the Massachusetts Labor Relations Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination.

Mr. Bloom speaks frequently to employer groups on a wide range of labor and employment law topics. He also has written extensively on labor and employment law for a variety of publications, including New England Business magazine, The Boston Globe and the Boston Business Journal. He also is editor of and a frequent contributor to the Jackson Lewis Labor & Collective Bargaining Blog.

While attending law school, he was the Executive Editor of The Advocate: the Suffolk University Law School Journal and President of the Student Bar Association.

Mr. Bloom is a diehard baseball fan. His first book, The Baseball Uncyclopedia: A Highly Opinionated Myth-Busting Guide to the Great American Game, was published in February 2006.

Photo of Philip B. Rosen Philip B. Rosen

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing…

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board’s recent initiatives on protected concerted activity and the proposed Notice Posting requirements.