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New NLRB Management Majority Revisiting "Quickie" Election Rule

NLRB Chairman Philip A. Miscimarra and new Board Members Marvin E. Kaplan and William J. Emanuel have approved the publication of a Request for Information in the Federal Register asking for public input regarding the NLRB’s 2014 “Quickie Election” Rule. This press release (below) asks three questions and states that responses will be accepted from December 13, 2017 to February 12, 2018 (click here to review the complete instructions for filing responses). Pro-union Board Members Mark Gaston Pearce and Lauren McFerran dissented.

The effect of the new Election Rule has been to dramatically limit the First Amendment communication rights of Employers faced with NLRB elections. Prior to the effective date of the 2014 Rule, on average, elections were held 42 days after the date of the filing of the election petition. After the implementation of the new Rule, the period of time has been cut down to an average of 23 days. This has nearly cut in half the amount of time that Management has to develop a campaign and respond to a unionization attempt.

This writer sincerely hopes the NLRB rescinds the 2014 Election Rule and reverts to the Representation Elections Regulations that were in effect prior to the 2014 Election Rule’s adoption.

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