NLRB proposal to shorten time frame for union elections raises concerns

NLRB proposal to shorten time frame for union elections raises concerns

Businesses whose employees are, or could be, organized by unions should be mindful of a proposed rulemaking by the National Labor Relations Board (NLRB) that will have the effect of limiting employer time frames to respond to union organizing efforts.

For the past thirty years the NLRB has informally imposed a waiting time between a petition for a union election and the election itself of six weeks, or forty two days, largely because of the snail mail means of communications used at that time. It is now proposing that in light of modern communication technologies, e-mail and texting, this be reduced to 21 days, or cut in half.

The proposal, advocated by big labor, was listed as one of the ten most harmful regulations proposed by the Obama administration in a memo sent by House Majority Leader Eric Cantor (R-VA) to House Republicans this week. Rep. Cantor and House Republicans plan to move onlegislation this fall to block the proposed rule.

“The hope is to move forward with a proposal that will rein in the NLRB, and protect employers right to free speech and workers ability to make a fully-informed decision in a union election,” Cantor said in his memo.

The NLRB should have the proposed rule ready for board action before the end of the year. To approve it, the board will require a quorum of three members due to a 2010 Supreme Court decision that said two NLRB members alone lack legal authority to issue rulings.

Currently, the labor board has only three members and one of those, Craig Becker, has a term ending when Congress adjourns for the year, likely in December. Republicans have pledged to oppose the confirmation of any new NLRB member until the board drops the proposal.