January 19, 2021

Volume XI, Number 19


January 18, 2021

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NLRB Employees Union to NLRB: Rescind Manual Election Guidelines

The National Labor Relations Board Union (NLRBU), which represents the employees of the National Labor Relations Board (NLRB), wants NLRB General Counsel (GC) Peter Robb to rescind his guidelines about how to conduct representation elections in-person during the COVID-19 pandemic.

The alternative is to conduct such elections by mail ballot. Most NLRB elections during the pandemic have been conducted by mail ballot. Employers disfavor mail ballot elections. For more on the GC’s guidelines, see our blog, NLRB General Counsel Issues Guidelines for In-Person Elections During COVID-19 Pandemic.

According to Bloomberg Law, the NLRBU’s objection to the guidelines is contained in a press statement issued by NLRBU President Burt Pearlstone. Pearlstone said the GC’s protocols “will expose NLRB employees to Covid-19, particularly in the many parts of the country that are reeling from record-breaking Covid-19 numbers.”

The NLRB sought input from the NLRBU during the preparation of the guidelines. However, NLRBU representatives said the GC “refused all the significant proposals the union put forth.” The NLRB has disputed that claim.

Conventional wisdom among management labor attorneys is the guidelines likely will not result in any significant increase in in-person voting during the pandemic. The guidelines are not mandatory and NLRB Regional Directors expressly retain discretion about what method of balloting is best in each case. Further, the guidelines are the GC’s; the five-member NLRB retains the ultimate authority to approve them, in whole or in part, and to decide how its elections are to be conducted.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 198



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...