On December 12, 2014 the National Labor Relations Board issued a final rule, 29 CFR §§ 101, 102, 103, which expedites the union election process and makes it more difficult for employers to defend against an election. The new rule shortens the time between the petition and the election, limits pre-election litigation, and provides employees with broader access to resources to organize themselves, at the employer’s expense. The new rule is set to go into effect on April 14, 2015. The following are the most notable changes:
The new rule significantly shortens the time that employers will have to respond to election petitions, while also expanding the access unions have in their organizing efforts. Given that employers may learn of the organizing effort for the first time when they see the petition, their ability to respond and challenge a union’s election effort will be hindered by the shortened time period.