Status
Despite being litigated for years, the Biden administration鈥檚 NLRB has revived controversial policy from the Obama era in the form of its听. The听, issued without notice and the opportunity to comment,听essentially restores provisions of the听听and rescinds the remaining ABC-supported provisions of the听. The rule will apply to representation petitions filed on or after Dec. 26, 2023, and employers听will have less time to respond to representation petitions.
To learn about the changes included in the听, see听ABC鈥檚 Newsline article on Sept. 5. See also the听听of prior and new Representation Case Procedures as well as the听听for more information. Additionally,听ABC鈥檚 general counsel Littler Mendelson has prepared an听听of the final rule.
老牛影视vehemently opposed the 2014 rule and听filed a legal challenge against it.听
Desired Outcome
The Board鈥檚 efforts to again reduce the amount of time between when a union files a representation petition and an election takes place听imposes 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.
Ultimately,听the rule infringes on the rights of employers and employees to a fair pre-election process and听will have a particularly adverse impact on small construction firms, which typically do not employ legal counsel.