Sep 2011 , Vol. VI, No.1

Proposed Changes Will Make it Easier for Labor Unions to Organize

Authored by Anne G. Bibeau, Esquire

This summer, the National Labor Relations Board (“NLRB”) proposed new rules on union representation elections.  These proposed rules, which are not final or effective yet, would make it easier for unions to organize by minimizing employers’ role in the election process. 
 

Foremost, the proposed rules would effect “quickie” elections.  As unions have long demanded, under the proposed rules elections will be held only 10 to 21 days after a union petitions the NLRB for an election.  Currently, elections are held on average 38 days after the union’s petition.  Abbreviating the election time period severely hampers employers’ ability to resist unionization because in any union organization drive, the union has a head start on persuading the workforce.  The employer then has to scramble to get its message against unionization to the workforce, all the while treading carefully, with its attorney’s assistance, so as not to say or do anything that the NLRB could consider an unfair labor practice.  An election period of only 10 to 21 days gives the employer little opportunity to do anything at all. 
 

The proposed rules also would limit employer participation by restricting the employer’s ability to contest issues regarding the election.  Under the proposed rules, employers will be required to disclose, within seven days of the union’s petition, its position on the appropriateness of the petitioned-for bargaining unit, any proposed exclusions from the petitioned-for bargaining unit, and other issues regarding the election.  Again, this time restraint significantly disadvantages employers, particularly small employers who may not have the resources to retain an experienced labor attorney and analyze the issues on such short notice.
 

Other aspects of the proposed rules likewise limit an employer’s ability to resist unionization.  Through these proposed rules, organized labor stands to accomplish the goals of its failed legislative agenda.  Following the death of the Employee Free Choice Act (also known as EFCA or Card Check), we can expect more Board regulations aimed at increasing unionization.

Authored by attorneys, these articles are meant to bring awareness to these topics and are not intended to be used as legal advice.
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