On Aug. 24, the National Labor Relations Board (NLRB) issued a Final Rule that marks a significant shift in the landscape of labor relations in the United States. This rule, set to take effect on Dec. 26, dramatically shortens union election processes, prompting heated debates between labor and management interests.

In 2014, during the Obama administration, significant changes were made to expedite elections, eliminating a 25-day waiting period and earning the monikers “ambush” or “quickie” election rules. However, in 2019, under President Trump’s leadership, the NLRB relaxed several deadlines and expanded pre-election briefings, leading to a lengthier election timeline.

The NLRB’s recent Final Rule, under the Biden administration, represents a decisive departure from the 2019 regulations. Its primary aim is to restore the quick resolution of representation cases, emphasizing speed and efficiency. Key changes include:

In essence, this Final Rule brings the union election process closer to its 2014 state, prioritizing expedience over detailed examination.

While the NLRB justifies its rule as procedural and therefore exempt from the notice-and-comment period, it has already faced opposition from some employers who argue otherwise. The rule could indeed invite legal challenges.

Beyond legal considerations, the Final Rule will significantly impact the balance of power between labor and management. Unions will now obtain elections more swiftly, reducing the window for employers to discourage unionization or communicate their messages to employees effectively. Employers must adapt to this expedited process by proactively engaging with counsel, analyzing bargaining unit issues, and improving employee relations strategies.

Source: Western Growers