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NLRB Issues Guidance About Representation Case Procedure Changes
Practical Law Legal Update 4-519-1691 (Approx. 3 pages)
NLRB Issues Guidance About Representation Case Procedure Changes
by PLC Labor & Employment
| Published on 27 Apr 2012 • USA (National/Federal) |
On April 26, 2012, the National Labor Relations Board (NLRB) issued a guidance on how regional offices are to implement new representation case procedures. The procedures take effect on April 30, 2012.
On April 26, 2012, the NLRB's General Counsel announced that it has issued a guidance memorandum and FAQ page on how regional offices are to implement representation case procedure changes. The case procedure changes, which were adopted in a final rule issued on December 22, 2011, take effect on April 30, 2012 (see Preparing for Amendments to the NLRB Union Election Process Checklist).
On April 27, 2012, Chairman Pearce and Member Hayes published statements in the Federal Register about the changes to the NLRB's representation case procedures. These statements do not change the rule or the NLRB General Counsel's guidance.
Practical Implications
The changes to the representation case procedures make it more difficult for employers to challenge an election. Employers should be aware that the time period to petition and conduct an election will effectively be shortened. Additionally, as pre-election hearings are now limited to determine only whether a question of representation exists, employers should be aware of the need to document issues such as an employee's supervisory status.