September 29, 2020

Volume X, Number 273

September 29, 2020

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September 28, 2020

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At It Again: NLRB Proposes More Changes to Its Election Rules, Policies

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be published on July 29, 2020, in a Notice of Proposed Rulemaking (NPRM) in the Federal Register.

Under the so-called 2014 “quickie election rules” promulgated by the Obama-era NLRB, employers were required to provide unions that filed petitions to represent their employees available personal email addresses and available home and personal cell phone numbers of eligible voters. (Employers had been required to provide employee names and addresses since 1966.) The proposed rule provides that this requirement be eliminated. The NLRB states that the proposed rule “will advance important employee privacy interests that the current rules do not sufficiently protect.”

Long-standing NLRB policy does not provide for absentee ballots, even for employees who are on military leave. The NLRB proposes to provide absentee ballots for employees on military leave and to create a procedure to do so “without impeding the expeditious resolution of representation elections.”

Public comments must be submitted within 60 days of the NPRM’s publication in the Federal Register. Comments may be submitted electronically at, or by mail or hand-delivery to Roxanne Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, D.C. 20570-0001. The NLRB recommends that comments be submitted electronically or by mail rather than by hand delivery because of the COVID-19 pandemic.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 210


About this Author

Howard Bloom, Jackson Lewis, labor union attorney, unfair practice investigations lawyer, employment legal counsel, bargaining law

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification...

Jonathan J. Spitz, Jackson Lewis Law Firm, Labor Employment Attorney, Atlanta

Jonathan J. Spitz is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. He is Co-Leader of the firm’s Labor and Preventive Practices Group.

Mr. Spitz lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media issues and the changing regulatory landscape. He understands the practical and operational needs of corporate America, helping design pragmatic strategies to minimize risk and maximize performance. He has represented management in dozens of counter-organizing drives and participated in countless unfair labor practice proceedings, discrimination charges and other matters before the National Labor Relations Board, the Equal Employment Opportunity Commission and other federal and state administrative agencies, as well as in collective bargaining, arbitration and in employment litigation before state and federal courts. Mr. Spitz regularly counsels employers in employee relations and discipline and discharge matters, and also assists employers in drafting employment policies and in complying with the Family and Medical Leave Act, drug testing laws and regulations, the Americans with Disabilities Act and other federal and state employment laws.