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NLRB: New Rules Issued For Ambush Elections in Representation Proceedings - With Update!


The National Labor Relations Board ("NLRB") certainly had a busy end to 2014.  Notwithstanding the ground breaking ruling in Purple Communications which allows employees access to employer e-mail systems to engage in union organizing, the NLRB also issued new rules for ambush elections (or "quickie elections") in representation proceedings which means union elections are likely to occur within 21 days.  

The new rule, set to take effect on April 14, 2015, will drastically shorten the time between the filing of a certification petition and the conduct of an NLRB secret ballot election.  Note, the new rule does not require that an election occur within a certain period of time, but by overhauling the NLRB representation case procedures, I would expect it would reduce campaign time to 21 - 24 days, and maybe even less than that.  That ultimately means that union elections will occur at a much quicker pace and time frame than employers prefer. 

Perhaps one of the more important aspects of the new rule is that it eliminates pre-election evidentiary hearings and requests for review and defers decisions on virtually all issues in regard to appropriateness of units and voter eligibility now decided at the pre-election stage

The new rule also requires that employers provide unions with "Excelsior lists" which include telephone numbers (including cell phone numbers), e-mail addresses, in addition to employees' names and addresses.  This potentially will have a major impact as employers will now be required to turn over this information on their employees to unions, which unions can use for organizing purposes. 


Additional information can be found here:  http://www.nlrb.gov/news-outreach/news-story/nlrb-issues-final-rule-modernize-representation-case-procedures

A link to the December 15, 2014 Federal Register which includes more details on the new ambush election/quickie election rules:  http://www.gpo.gov/fdsys/pkg/FR-2014-12-15/pdf/2014-28777.pdf


UPDATE:  Two lawsuits have been filed recently to challenge the new quickie election rules, one in District Court for the District of Columbia and the other in District Court for the Western District of Texas.  

The suit filed in D.C. challenges thew new rules on the grounds that the NLRB exceeded its constitutional authority and violated the Administrative Procedures Act.  This first suit seeks an injunction to invalidate the new election rules.  


The suit filed in the Western District of Texas does not raise any constitutional violation but instead seeks an injunction that declares the quickie election rules invalid because 1) it conflicts with the Administrative Procedures Act, 2) the new rules conflict with the National Labor Relations Act, and 3) the new rules violate the privacy of employees by requiring personal information (phone numbers, e-mails, etc.) be turned over to the union.

A copy of the complaint for the Western District of Texas suit can be found here:  http://www.laborrelationstoday.com/wp-content/uploads/sites/312/2015/01/ABC-v-NLRB-complaint.pdf

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