NLRB Passes Election Resolution to Aid Union Organization

The National Labor Relations Board (NLRB) recently took another step in its effort to aid organized labor in union election/representation cases by passing a resolution of six procedural amendments aimed at reducing “unnecessary litigation” in election cases. While the final rule must still be voted on by the NLRB before becoming law, it is believed that this will speed up election in some cases.

“Although the resolution is substantially narrower than what was proposed in June 2011, there is no indication that the NLRB is giving up on its ‘speedy election’ proposals,” explains David Gevertz, a shareholder and vice chair of the Labor and Employment Department at Baker, Donelson, Bearman, Caldwell & Berkowitz ,PC (Atlanta).  “With this resolution, the NLRB seeks to shorten the time between the filing of a petition by a union for a secret ballot election to the holding of an election, thus giving the employer less time to campaign. As a result, management can no longer ignore the causes of unionization, thinking that the problems can be addressed once the company is aware that a union is trying to organize its employees.”

If an employer believes that it is aware of its employees’ loyalty to and respect for its managers and supervisors, it may be a false sense of security.

“Remaining union-free requires constant vigilance, now more than ever,” adds Mr. Gevertz, who recommends that employers conduct a union vulnerability audit before a union election petition is filed.

Mr. Gevertz is available to discuss the NLRB’s new rule and its impact on employers. [12/08/2011]