In February 2014, the National Labor Relations Board (NLRB) once again announced that it was going to change the rules for Board-conducted elections. This time, there is a properly appointed five-member NLRB. The Board’s previous attempt to change the election rules failed because the courts held that it didn’t have a proper quorum to adopt new rules. In April, the properly constituted NLRB closed the public comment period on the new election rules after a two-day hearing in Washington, D.C. 
What to expect
There’s little doubt that the rules for new expedited election procedures will go into effect before Labor Day. Our fearless prediction is that the NLRB will adopt the quickie election rules by a 3-2 vote. Here are some highlights of the expected changes:
- All preelection hearings must take place seven days after the filing of a petition (absent special circumstances), and the election date must be set at “the earliest date practicable.”
- The employer must provide a list of the full names, home addresses, telephone numbers, e-mail addresses, work locations, shifts, and job classifications of all employees who are eligible to vote in the election. The employer would be required to produce the list within two days (versus the current seven days) of the regional director’s approval of an election agreement or direction of an election.
- The employer must file, no later than the hearing date, a “statement of position” setting forth the employer’s position on a host of legal issues. The statement of position would include a list of the names, work locations, shifts, and job classifications of all individuals in the proposed bargaining unit. Any issues not identified in the statement would be deemed waived.
- The issues that may be litigated before an election, including questions about the eligibility of certain individuals or groups of potential voters, would be significantly limited. Posthearing briefs would be dispensed with unless “special permission” is granted by the hearing officer.
- The employer’s right to request preelection review of the regional director’s decision would be eliminated, leaving any issues to be dealt with during a postelection review (if at all).
- Electronic filing of election petitions would be permitted, and unions potentially would be allowed to use electronic signatures to support the “showing of interest.” In other words, employees might be allowed to sign union authorization cards electronically via the Internet or e-mail.
- Finally, under the present rules, elections are generally scheduled within 42 days of the filing of the petition. The new rules allow them to be scheduled within 21 days.
Bottom line
Now is the time to train your managers and supervisors on how to spot an attempt by a union to organize your employees. 
You should also remind managers and supervisors of the do’s and don’ts for employer conduct during a union-organizing campaign. You don’t want to face an unfair labor practice charge for interfering with employees’ right to secret-ballot elections.
Robert M. Vercruysse is an attorney with Vercruysse Murray, P.C., in Bingham Farms, Michigan. He may be contacted at rvercruysse@vmclaw.com .