May 25, 2020

NLRB Announces That Representation Elections Will Resume on April 6

On April 1, 2020, the National Labor Relations Board announced it will not extend its temporary suspension of Board-conducted elections past April 3, 2020. Instead, it will resume conducting elections beginning on Monday, April 6, 2020.

Almost two weeks ago, on March 19, 2020, the Board announced it would suspend representation elections as a result of the extraordinary circumstances related to the COVID-19 pandemic. This was done to ensure the safety of Board employees and members of the public. Several regional offices of the Board were closed or working with limited staffing.

While the Board did not explain how they plan to conduct elections in the short-term, and further details and guidance is certainly forthcoming, employers should anticipate Regions pressing for mail ballot elections as the rule instead of the exception, during this emergency period. At least one Region has indicated it could conduct the ballot counts via video applications.

Although elections technically will begin to be scheduled starting on April 6, 2020, many hearings related to previously filed petitions were indefinitely delayed last week. Given the rescheduling of those hearings, combined with the backlog of petitions and the varying circumstances in each Region, it is difficult to predict when the first elections will be scheduled.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.

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About this Author

C. Thomas Davis, Ogletree, Shareholder, employment law
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After graduating from law school in 1987, Tom Davis began his legal career at Ogletree Deakins and is currently the practice group leader of the firm’s Traditional Labor Practice Group. Mr. Davis represents employers in all aspects of employment law matters with a primary focus on the area of traditional labor law. He assists clients in maintaining union-free work environments through the implementation of cutting-edge, positive employee relations programs and creative leadership education. Mr. Davis is a recognized expert in the use of interactive training techniques...

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Ruthie Goodboe Employment Lawyer
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Over the last 20 years, Ruthie has partnered with labor relations/human resource professionals, corporate executives, operational management and in-house counsel to develop and tactically implement strategies to build issue free environments within each client’s business model and industry. She has managed over 100 union organizing drives and decertification campaigns, with a high rate of success and minimal unfair labor practice charges. She works within a variety of industries and with clients of all sizes and sophistication advising on such matters as strikes, corporate campaigns, boycotts, joint, single and successor employer claims and mergers and acquisitions.

For those clients who have represented workforces, Ruthie regularly directs and conducts effective auditing, negotiation, and administration of collective bargaining agreements including handling numerous arbitrations involving discharge, discipline, sub-contracting and/or removal of bargaining unit work, recall rights, plant shutdown, and other contractual issues. She works with major corporations to align negotiating strategies at the bargaining table with business goals as first chair bargainer, strategist or by supporting negotiations behind the scenes.

An integral part of her practice, Ruthie develops and presents employee and management training related to all aspects of employment law and labor relations with the goals of enhancing employee-management communication, developing a well-rounded, compassionate and objective management team, minimizing liability and avoiding litigation.

ruthie.goodboe@ ogletree.com