New NLRB Union Election Rule Effective April 14th

The controversial new rule for Union elections adopted last year by the National Labor Relations Board (NLRB) goes into effect on April 14, 2015. It is designed to make it easier for labor unions to win recognition by shortening the time for management to respond to an election petition.  Currently, the time between filing an election petition with the NLRB and the actual election averages 38 days. Under the new rule, time from the filing of a petition and a hearing on whether the election shall proceed and on what employees are eligible to participate will be eight days, with the election to be held from 5 to 13 days later, i.e., either 13 or 21 days from the filing of the petition. Called by critics the “ambush” or “quickie” election rule, the new Rule will profoundly influence how employers may respond to an election petition. Employers should seek specific advice from their counsel concerning the effect of the new Rule.