R-Case Procedures: Where Things Stand After Recent Judicial Activity and NLRB Response [PODCAST]

In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Practice Group, provides an update on the current National Labor Relations Board’s (NLRB) Representation-Case (R-Case) Procedures, which have gone through substantial changes involving NLRB rulemaking in 2014 and 2019. Tom reviews the recent Court of Appeals decision resolving challenges to the 2019 modifications and how the NLRB intends to respond to that decision.  He then reviews which proposed changes are and which ones are not in effect today: for example, when the list of eligible voters is due, when the certification of election results may occur, who can be an election observer certified by a union, the number of days permitted for various steps in the process, and whether ballots are impounded or counted when an election is appealed.