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Despite being litigated for years, the Biden administration’s National Labor Relations Board has revived controversial policy from the Obama era in the form of its. The, issued without notice and the opportunity to comment,essentially restores provisions of theand rescinds the remaining ABC-supported provisions of the. The rule will apply to representation petitions filed on or after Dec. 26, 2023, and employers will have less time to respond to representation petitions.
“The Board’s efforts to again reduce the amount of time between when a union files a representation petition and an election takes placeimposes unnecessary urgency on employers, leaving them susceptible to violations of their due process rights and deprives employees of the time needed to become fully informed before deciding whether or not to unionize,” said Ben Brubeck, ţӰvice president of regulatory, labor and staff affairs. “Ultimately,the ruleinfringes on the rights of employers and employees to a fair pre-election process andwill have a particularly adverse impact on small construction firms, which typically do not employ legal counsel."
Changes in the include:
See the of prior and new Representation Case Procedures as well as the for more information.
Additionally, .
Also, ţӰwill be offering an ţӰmembers-only webinar on NLRB recent decisions and rules. Details will be posted soon in Newsline.
ţӰvehemently opposed the 2014 rule andfiled a legal challenge against it.