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NLRB Issues Union Friendly Decision Regarding Applicability of Quickie Rules: When 94% Just Ain’t Enough

With that the NLRB’s quickie election rules going into effect in April 2015, we are just now starting to see the Board decide cases applying the new rules.

In Danbury Hospital, Case 01-RC-153086, the Regional Director for Region 1 on October 16, 2015, lent his interpretation to one of the new requirements of the quickie election rules, namely the employer’s obligation to provide employees’ personal phone number and personal email address if such data was “available” to the employer.

There, the employer provided the union with all of the personal phone and email addresses it had in its human resources computer system- about 94% of the bargaining unit.  The human resources computer system did not have this data for the other 6% of the bargaining unit.  An election was held where the union was narrowly defeated.  The union filed objections to the election and asking for a re-run election claiming that the employer failed to comply with the new quickie election rules by failing to provide the personal email addresses and phone numbers for the other 6% of the bargaining unit.  At the objections hearing, it was discovered that one of the employer’s supervisors maintained an independent list of email addresses and phone numbers separate from the human resources computer system.

The Regional Director, agreeing with the union, found that because the employer did not supplement the list it collected from its human resources software with the supervisor’s list it failed to comply with the new rules and thus ordered a re-run election.

Based on this case, it is clear that the NLRB is taking a very broad view of the new quickie election rules.  Employers should take steps now to consolidate employees’ personal information prior to union organizing attempts.  If you have any questions about this case, or the Board’s new quickie rules, please feel free to contact us.

© 2019 Proskauer Rose LLP.

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About this Author

Michael J Lebowich, Labor, Employment, Attorney, Proskauer, Law Firm
Partner

Michael Lebowich is a Partner in the Labor & Employment Law Department and co-head of the Labor-Management Relations Group. He represents and counsels employers on a wide range of labor and employment matters, with a particular interest in the field of traditional labor law.

Michael acts as the primary spokesperson in collective bargaining negotiations, regularly handles grievance arbitrations, assists clients in the labor implications of corporate transactions, and counsels clients on union organizing issues, strike preparation and day-to-day contract administration issues. He...

212-969-3217
Steven Porzio, Proskauer, labor attorney, employment lawyer,
Associate

Steven Porzio is an associate in the Labor & Employment Law Department and a member of both the Labor-Management Relations Group and Employment Law Counseling & Training Group. Steve assists both unionized and union-free clients with a full-range of labor and employee relations matters. He represents employers in contract negotiations, arbitrations, and representation and unfair labor practice cases before the National Labor Relations Board. 

Steve has experience conducting vulnerability assessments and providing management training in union and litigation avoidance, leave management, wage and hour, and hiring and firing practices. He provides strategic and legal advice in certification and decertification elections, union organizing drives, corporate campaigns, picketing, and union contract campaigns. Steve has advised employers in a number of different industries in successful efforts against unions in election and corporate campaigns.

In addition to his traditional labor law work, Steve assists companies with handbook and personnel policy drafting and review, daily management of employee disciplines and terminations, and general advice and counsel on compliance with federal and state employment laws.

212-969-3079