April 18, 2021

Volume XI, Number 108

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April 16, 2021

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NLRB “Ambush” Election Rules Now In Effect

As if mid-April’s tax filing deadline wasn’t already enough of a downer, the NLRB has given employers the dreaded one-two punch, as its new union “ambush” election rules have now officially gone into effect.

Although hailed by the Democrat members of the NLRB who championed them as modest changes intended to streamline the process of union representation elections, the employer and business communities see the rules quite differently, instead viewing them as purely results-oriented and designed to facilitate organized labor’s interest in conducting a union election as fast as possible (so that the passage of time doesn’t result in a reduction of union support by employees), at the expense of important employer due process and free speech rights.

It’s possible that a ruling will come in the near future that could impact on the continuing validity of the rules (oral argument in one of the cases is scheduled for later this month).  Moreover, it is entirely possible, if not likely, that once a union election petition is filed and processed under the new rules, an “as applied” challenge to the rules will be filed in court.  In the meantime, and until a court says otherwise, employers must comply with the new rules.

 

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© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume V, Number 104
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About this Author

Daniel B. Pasternak Labor & Employment Attorney Squire Patton Boggs Phoenix, AZ
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Dan Pasternak works with employers to solve workplace problems. Sometimes that involves helping develop, implement and enforce effective and business-sensible employment and traditional labor relations policies and practices. Other times, it involves representing employers in high-stakes litigation matters.

For more than two decades, Dan has advised employers in managing one of their most important assets – their human resources. From leading workplace investigations and crafting executive and non-executive employment, retention and separation contracts, to designing and supporting...

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