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NLRB NEW ELECTION PROCEDURES EFFECTIVE


Posted by Bray, Kathleen at Wednesday, 05/02/2012 12:02 am
 
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2.9 from 29 votes
 
 
By eliminating challenges to bargaining unit eligibility to be handled post-election in many circumstances and other changes, the time between petition and election likely will decrease from the current 42 days to maybe 15 days or less. In addition to when there can be a pre-election challenge, the provision allows unions to waive the right to have the voters’ eligibility list for ten days, and further removes the current NLRB guidance that the Board should not schedule elections less than 25 days following a direction for an election. All of this, of course, leaves the employer with little or no time after receiving an election petition to educate employees about the down side of unionization. It has been called ambush elections, and a Court challenge to the April 30 effective date failed. The new rules and frequently asked questions can be viewed at: https://www.nlrb.gov/news/acting-general-counsel-issues-guidance-regions-implementing-new-representation-case-procedures.


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