May 21, 2019

May 20, 2019

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NLRB’s New Election Rule Implementation Update

In preparation for the NLRB’s new “quickie election” rules going into effect next week, the NLRB General Counsel yesterday published a 36-page Guidance Memorandum intended to explain how representation cases will be processed under the NLRB’s final rule. While the lengthy memorandum describes specific changes to Board procedures in great detail, it leaves unanswered significant questions such as how Regional Directors will process petitions on a “real world” basis, what opportunities employers are left with to challenge bargaining unit compositions, and ultimately, whether the NLRB’s “quickie elections” result in significantly shorter election time periods. Indeed, the GC acknowledges that the Board “will not be able to fully assess what impact the rule will have” until after it begins processing representation petitions.  The GC instead directs the NLRB’s Regional Directors to “continue to process representation petitions and conduct elections expeditiously” consistent with the Board’s revised rules.

What seems certain is that employers should prepare themselves for implementation of the Board’s new regulations on April 14th.   Last week President Obama vetoed a congressional resolution to disapprove the final rules, and while two pending federal cases challenge the Board’s statutory authority to publish the revised rules, it remains unlikely any such legal challenge will delay the Board’s implementation of its final rule next week.

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About this Author

Stephanie Gournis, labor and employment lawyer, Drinker Biddle
Partner

Stephanie Dodge Gournis is engaged exclusively in the representation of management in all aspects of traditional labor and employment matters.

She regularly represents employers in defending administrative and federal/state court complaints involving equal employment opportunity discrimination, retaliatory discharge, harassment, whistleblower rights, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA) and state wage and hour claims. Stephanie also counsels...

312-569-1327
Shavaun Taylor, Employment lawyer, Drinker Biddle
Associate

Shavaun Adams Taylor has experience in single and multi-plaintiff litigation brought under federal and state employment laws against allegations of race, gender, national origin and age discrimination. She also counsels employers in drafting employment-related contracts and revising employment policies and handbooks to ensure compliance with state and federal laws and regulations.

Shavaun defends employers in class and collective actions involving state and federal employment and wage and hour laws, including FLSA, Illinois Wage Payment and Collection Act, Illinois Minimum Wage Law, and the Illinois Day and Temporary Labor Services Act. She also defends employers in other complex litigation matters, including large-scale EEOC systemic investigations involving various allegations of discrimination and disparate impact claims arising out of the use of background checks, government enforcement actions by the Department of Justice involving large-scale electronic discovery requests and multimillion-dollar projected fines, and complex workplace investigations involving claims of discrimination, harassment and retaliation. Shavaun regularly represents and advises hospital and health care providers in labor relations and employment matters.

(312) 569-1340