The NLRB has proposed a set of common sense rules aimed at removing hurdles to conducting timely and fair union elections. The goal of this proposal is to ensure workers have thebasic right to vote on whether to form a union. These are reasonable steps to modernize an outdated system, remove unfair obstacles, and
eliminate excessive delays and litigation.
The proposed changes would:
• Allow for electronic filing 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.
• Standardize timeframes for parties to resolve or litigate issues before and after elections.
• Require parties to identify issues and describe evidence soon after
an election petition is filed to facilitate resolution and eliminate
• Defer litigation of most voter eligibility issues until after the election.
• Require employers to provide a final voter list in electronic form
soon after the scheduling of an election, including voters’ telephone
numbers and email addresses when available.
• Consolidate all election-related appeals to the Board into a single
post-election appeals process and thereby eliminate delay in holding
elections currently attributable to the possibility of pre-election
• Make Board review of post-election decisions discretionary rather than mandatory.
Perhaps not surprisingly, corporate lobbyists and right wing politicians
are up in arms over this. It seems any proposal that restores balance
to a broken system and offers working people a level playing field just
cannot stand in their eyes. Their reaction is just the latest example of playing political games at the expense of workers’ rights on the job.