Article Side

Online Article Directory!

Hello Guest! Login or Register to submit articles!

NLRB Votes to Change Representation Election Proceedings

By J. Mark Baird Subscribe to RSS | December 19th 2011 | Views:
loading
 
  



In another significant, recent development, the National Labor Relations Board (NLRB) which keeps an eye on unfair labor practices has voted to change its rules regarding representation election proceedings. Representation election proceedings are elections in which employees of a company vote on whether or not they wish to be represented by a particular labor union. The NLRB is responsible for administering such proceedings. By making the changes outlined below, the NLRB voted to shorten the time frame between the filing of an election petition and the actual representation vote of the employees. The new rules will likely make it easier for unions to win representation elections and more difficult for employers to communicate with employees prior to the vote.

Specifically, the NLRB resolved to prepare a final rule to be published in the Federal Register that makes the following key changes to existing representation election procedures:

First, current procedures providing for pre-election appeals to the NLRB from the actions of the Regional Director on the election petition will be almost entirely eliminated. The new rules will provide for a single, discretionary appeal of pre-election and post-election issues after the votes are cast. Only a narrow avenue for pre-election appeals will remain: a pre-election appeal to the Board will be allowed on those issues that would otherwise escape Board review entirely if not raised at that time.

Second, current requirements that a representation vote by the employees cannot be held sooner than twenty-five (25) days after the Board's Regional Director issues a “Direction of Election” (an NLRB Order directing that the representation vote will occur and providing guidance regarding how it will occur) will be eliminated. This generally means that elections will be held sooner after the Direction of Election is issued than is typically the case under the old rules.

Third, the Board will clarify that pre-election hearings will be held only to determine whether a question concerning representation exists. At the hearing, the hearing officer has authority to exclude evidence that does not have relevance to a genuine issue of fact material to that issue. As a result, many issues of individual voter eligibility (as opposed to voting unit composition) may be deferred to the post-election procedures rather than litigated prior to the vote. The parties will only have a discretionary right to file a post-hearing brief.

Some of the more controversial provisions of the original proposed rule were not adopted – for the time being. These include: (1) the requirement that a hearing be held within seven days of the filing of a union's representation petition; (2) permitting the union's petition to be filed electronically rather than filing by hand or regular mail; (3) the requirement that the employer prepare and file a comprehensive "statement of position" on the union's election petition no later than the date of the hearing, with any other issues being waived if omitted from the position statement; (4) the requirement that unions be given employees' email addresses and telephone numbers prior to the election (as opposed to merely a list of eligible voters with the employees' full name and residential address); and (5) the requirement that the voter eligibility list be given to the union within two work days of the Direction of Election instead of the current rule allowing seven work days.

Even though some of the more controversial provisions were omitted from the proposed rule, it is clear that elections will now be held more quickly after the election petition is filed, although the precise time frames will differ in each case.

The NLRB will proceed to draft a final rule and will "defer the remainder of the proposed rule for further consideration." This means that the more onerous parts of the proposed rule will likely be considered at a later time.

J. Mark Baird - About Author:
J. Mark Baird and Beth Doherty Quinn, the employment law attorneys at Baird Quinn, LLC have practiced law for more than 25 years and 15 years, respectively, with an emphasis on employment law and labor-management. They have extensive experience litigating employment law matters, including discrimination, harassment, unlawful termination, wage and hour, retaliation, unfair labor practice, non-compete/employee loyalty, and breach of contract. They also litigate commercial fraud matters. Not only have they represented clients before a variety of administrative agencies and courts, Mr. Baird and Ms. Doherty Quinn have conducted numerous seminars, such as seminars on ADA compliance, and in-house training for clients regarding sexual and employer harassment and other Title VII discrimination issues as well.

Share on Facebook Tweet It Stumbleupon this post This post is delicious !

Article Source:
http://www.articleside.com/business-articles/nlrb-votes-to-change-representation-election-proceedings.htm

Related Business Articles Subscribe to RSS

Learn more about Chapter 13 bankruptcy lawyer
Published by Saratremellaw on January 3rd 2012 | Business
There are two forms of personal bankruptcy as recognized by law. Chapter 13 bankruptcy is one of the...
 
Hire experienced Social security lawyer to handle legal affairs
Published by Socialsecurity36 on May 3rd 2012 | Business
Do you know how you can get better assistance in the case of social security? Answer is by engaging ...
 
Wood shredder- Generating employment
Published by Julia Roger on May 1st 2012 | Business
Wood shredders are also used for the manufacturing of many types of wooden products such as particle...
 
Benefits of hiring an experience lawyer
Published by Adam Hadden on April 6th 2012 | Business
Everyone has to make perfect decision on selecting a lawyer for their problems. You have to choose t...
 
Social security disability lawyer: Covers all the aspects of legal proceedings
Published by Socialsecurity36 on May 17th 2012 | Business
Discrimination is regarded as a greatest criminal offense in the nations like USA especially when yo...
 
Zadroga lawyer provide best possible support to Asbestos victims
Published by Jennifer Weinstein on January 6th 2012 | Business
Zadroga lawyer work for the benefits of the sufferers of 9/11 terror attack and are genuinely intere...
 
Find the best aggressive Pennsylvania DUI lawyer
Published by Abhay on March 27th 2012 | Business
Simply put, A Pennsylvania DUI lawyer is your best ally and friend when you have to answer criminal ...
 
Employment Lawyers and Solicitors Aberdeen can help you out from your employment hassles
Published by Steve Mich on January 10th 2012 | Business
Work is worship, as many people say. Well sure it is. But there are sometimes when things happen at ...
 
Protect your right with the help of Best criminal lawyer
Published by Lovy Crusain on May 31st 2012 | Business
Criminal case must not be dealt without criminal assistance of a skilled and legal expert. So, if yo...
 
The growing shift from private practice to hospital employment
Published by Deepak Rupnar on June 4th 2012 | Business
The radical shift has not come about naturally. The proposed cuts to the Medicare physician fee sche...
 
Personal injury attorney Lincoln ne is the most trustable lawyer
Published by Mchenry1 on January 31st 2012 | Business
If you probably are a victim of misfortune or accident & are suffering from the injury, then it will...
 
How to get the best divorce lawyer
Published by Parramattacitylegal on December 12th 2011 | Business
There are varied specializations in the field of law like migration lawyers, tax lawyers etc. but th...
 
How to hire an affordable lawyer
Published by Govindsingh on June 21st 2012 | Business
When you talk about achieving orderliness in the society, you certainly have a lawyer in mind becaus...
 
Recruitment agencies take the pain out of the employment process
Published by Superior People on April 22nd 2012 | Business
Recruitment agencies take the pain out of finding new staff. Going through the hiring process can be...
 
Importance of hiring social security lawyer Houston
Published by Louise Carala on August 24th 2012 | Business
Due to the complex procedure of filing case against social security disability benefits it is always...
 
Zadroga lawyer is an expert in dealing with matters related to Zadroga Act
Published by Jennifer Weinstein on January 10th 2012 | Business
Without the assistance and help of an efficient Zadroga lawyer, it would be extremely difficult for ...
 
Learn how to choose a bankruptcy lawyer
Published by Saratremellaw on December 16th 2011 | Business
When bankruptcy stares at you, you may need legal advice to steer out of many troubles. Choosing the...
 
How to Prepare for Your Consultation with a Staten Island lawyer
Published by AGLawNYC on August 18th 2012 | Business
It is a good idea to go into your initial consultation with your Staten Island lawyer prepared to di...
 
Why do you need a copyright lawyer?
Published by Adli Law on April 5th 2012 | Business
Hiring services of the lawyers will repay you so never consider the fees of the highly experienced c...
 
Corporate lawyer in China
Published by Anthony Mckeown on December 10th 2011 | Business
People who are conducting business on an international level should always consider consulting with ...