Wednesday, February 5, 2014

NLRB Proposes Amendments to Election Rules

The National Labor Relations Board (NLRB) issued a press release today: The National Labor Relations Board Proposes Amendments to Improve Representation Case Procedures. The press release includes a bullet-point version of the highlights:
  • allow for electronic filing and transmission of election petitions and other documents;
  • ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process; 
  • streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation; 
  • include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and 
  • consolidate all election-related appeals to the Board into a single post-election appeals process.
The release notes that these are similar to proposals from 2011 - I assume the Board is just dotting its i's and crossing its t's in case it turns out the NLRB didn't really exist back then (long story, see generally, Noel Canning pending before SCOTUS) - the release also notes a district court decision specifically invalidating
the rule and a joint stipulation dismissing the appeal.

Image: NLRB Seal used in commentary on NLRB. Not official use.