NLRB Strikes Back With 'Quickie Election' Rules
A Workplace Law Client Alert
03/03/14
The National Labor Relations Board (“Board” or “NLRB”), driven by pro-union appointees, has again proposed “quickie election” rules to help unions organize non-union employers. These rules would dramatically speed up union representation elections. The speed up is accomplished by eliminating employer free speech rights, and by limiting employer rights to challenge voter eligibility and protest unfair representation elections.
Speeding up the NLRB election process will provide invaluable benefit to unions in achieving their organizing goals at the expense of employer and employee rights. Quick elections limit the amount of time an employer has to discuss the effects of unionization with its employees. In many cases, an employer is not aware that a union is organizing its employees and spreading union propaganda until the employer receives the official NLRB notice of a union representation petition. The time period after receiving notice of the petition until the election is the critical period for employer communication with employees about unionization and the opportunity to debunk union propaganda. “Quickie election” rules shorten this critical period from 42 days to as little as 10 days from petition to election. By contrast, the petitioning union may have had months to campaign and persuade employees before filing the election petition.
We will keep you posted on the status of the proposed “quickie election” rules and the new proposed rules from the Department of Labor designed to limit employer access to legal advice. In the meantime, it is imperative to take steps now to maintain a union free work environment before the new rules take effect and a union files for a “quickie election.”
We have developed a comprehensive union avoidance program, which involves assisting management and human resources in building and maintaining a positive workplace which makes unions unnecessary.
Contact one of Bodman’s experienced Workplace Law attorneys listed below for more information.
Bodman PLC Workplace Law Group
- Steven J. Fishman, Workplace Law Group Chair (248-743-6070 / sfishman@bodmanlaw.com)
- John C. Cashen (248-743-6077 / jcashen@bodmanlaw.com)
- Aaron D. Graves (248-743-6027 / agraves@bodmanlaw.com)
- Lauren A. Kwapis (248-743-6048 / lkwapis@bodmanlaw.com)
- David A. Malinowski (248-743-6033 / dmalinowski@bodmanlaw.com)
- Christopher P. Mazzoli (248-743-6066 / cmazzoli@bodmanlawcom)
- Karen L. Piper (248-743-6025 / kpiper@bodmanlaw.com)
- Maureen Rouse-Ayoub (248-743-6026 / mrouse-ayoub@bodmanlaw.com)
- Charles M. Russman (248-743-6039 / crussman@bodmanlaw.com)
- Donald H. Scharg (248-743-6024 / dscharg@bodmanlaw.com)