NLRB Abbreviated Union Election Rule
The National Labor Relations Board voted in November 2011 to adopt regulations that limit the ability of employers to appeal eligibility and other issues prior to a union representation election.
- Allows NLRB hearing officers the authority to limit evidence introduced at a hearing to information relevant to whether a question of representation exists;
- Eliminates the right of employers to seek NLRB review of a regional director’s pre-election rulings and consolidates all such requests for review after the election takes place;
- Toughens the requirements for employers to seek special permission to appeal to the NLRB; and
- Makes discretionary NLRB review of a regional director’s or judge’s disposition of post election disputes.
A federal court on May 16 invalidated the NLRB vote to adopt the rule change on technical grounds. Analysts expect the board to take up the matter again.
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