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January 6, 2020

REMINDER: Comments Due This Week To NLRB On Union Elections Rule

Last month, the National Labor Relations Board (NLRB) announced that it extended the comment deadline for its proposed rulemaking regarding representation election procedures. The comments are now due this week, on January 9, 2020. With its proposed rule the NLRB is considering three changes:

  • Allowing employees a 45-day window to request a secret ballot election to decertify a union that was voluntarily recognized by an employer based on “card check”;
  • Replacing the current “blocking charge” policy, which halts all union decertification elections if an Unfair Labor Practice Charge is filed against the employer until the charge is settled, with a “vote-and-impound” procedure requiring the decertification election to continue but impounding votes until the charge is settled; and
  • Changing the special rules for the construction industry by allowing employees to demand an election if the agreement between a union and employer has not been certified by majority support.

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. MSCI members who are interested in submitting comments can click here to do so.