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August 19, 2019

NLRB Proposes New Process For Union Elections

On August 12, the National Labor Relations Board (NLRB) issued a new proposed rule, found here, that would make changes to the process for union election procedures. Specifically, the proposal, if adopted, would make three changes:

  • Blocking Charges. Replace the existing blocking charge policy, which usually allows labor unions to indefinitely block decertification elections, with a “vote and impound” procedure that allows elections to move forward while impounding the ballots until a determination is made regarding the unfair labor practice charge.
  • Voluntary Recognition Bar. Provide employees with a 45-day window to petition for a secret ballot election after the employer has voluntarily recognized the union.
  • Section 9(a) Recognition in the Construction Industry. Redefine the evidence required to prove that an employer and union in the construction industry have established a voluntary majority-supported collective-bargaining relationship.

While The National Law Review called the proposed rule “good news to employers,” the NLRB argued the new rule also would protect workers’ right to choose (or reject) union representation and would remove barriers to secret ballot elections.

Public comments on the proposal are due on October 11, 2019.

The Coalition for a Democratic Workplace, which MSCI is a member of, will file comments on the proposal.