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November 25, 2019

REMINDER: Comments Due To NLRB On Union Elections By Dec. 10

The public has until Friday, Dec. 10 to comment on the National Labor Relations Board’s (NLRB) proposed rulemaking regarding representation election procedures. 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.

Click here to submit comments.

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.

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