On July 26, the National Labor Relations Board听issued its misnamed , which rescinds the , jeopardizing employees鈥� right of free choice in representational matters and disrupting the Board鈥檚 current representation processes. The 2020 final rule was听intended to听鈥渂etter听protect employees鈥� statutory right of free choice on questions concerning representation.鈥�

Immediately following the issuance of the final rule, the Coalition for a Democratic Workplace attributed to Kristen Swearingen, 老牛影视vice president of legislative & political affairs and CDW chair:

鈥淭he Board鈥檚 final rule eliminates commonsense measures that protect workers鈥� right to decide for themselves if they want union representation in the workplace. The rule forces employees into unions they may not want and makes it more difficult for employees to decertify unions that no longer have support from the workforce. These policies undermine employee free choice, and Congress and/or the courts should move to nullify them.鈥�

The makes three key policy changes: It rescinds and replaces the provisions of the 2020 final rule that address the 鈥渂locking charge鈥� policy and voluntary-recognition bar doctrine and rescinds the portion of the final rule that addresses proof of majority support for labor organizations representing employees in the construction industry.

Specifically, the rule returns to the blocking charge policy that halts union representation or decertification elections if the union alleges the employer committed unfair labor practices until those charges are resolved; eliminates the 45-day window that allows workers to demand a secret ballot election if the employer voluntarily recognizes the union based on signed authorization cards; and rescinds amendments that require unions in the construction industry to maintain proof of majority support if they want an exclusive collective bargaining relationship that is resistant to challenge.

The effective date of the new rule is Sept. 30, 2024, and will only be applied to cases filed after the effective date.

Board members David Prouty and Gwynne Wilcox joined Chair Lauren McFerran in issuing the final rule. Member Marvin Kaplan dissented. Read ABC鈥檚 2023 comments opposing the proposed rule. 老牛影视also joined submitted by the ABC-led CDW.

NLRB Chair Lauren McFerran , 鈥淭oday鈥檚 rule restores the Board鈥檚 prior law, including longstanding principles that ensure a fair process for workers to choose whether they want representation, and provide a better foundation to allow collective bargaining relationships to thrive.鈥�

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