What is “Available” Voter Contact Information Under the Quickie Election Rule Remains Unclear for Now
The American Federation of Teachers Connecticut has withdrawn its petition to represent 866 full-time, part-time, and per-diem non-professional employees employed at Danbury Hospital. The move likely makes moot the employer’s appeal (Request for Review) of a National Labor Relations Board Regional Director’s ruling that the employer did not exercise “a reasonable amount of diligence” in its preparation of the voting list containing voters’ contact information. Danbury Hospital of the Western Connecticut Health Network, Case 01-RC-153086 (Oct. 16, 2015).
The union had lost an election among the 866 eligible voters in June 2015. The union thereafter filed “objections” with the NLRB seeking a re-run election. In the objections, the union alleged, among other things, that the voting list compiled by the employer was insufficient under the Board’s new rule. That rule, which became effective on April 14, 2015, requires employers to provide eligible voters’ names and addresses, as well as their available personal email addresses and cell phone numbers. The evidence showed that in compiling the voter list, the employer utilized information solely contained in one of its electronic databases. However, as determined by the Regional Director, the employer had other electronic and non-electronic sources of relevant contact information which it also should have accessed.
As a result of the withdrawal, clarity about what constitutes “a reasonable amount of diligence” and “available” information under the Board’s new quickie election rule likely will have to wait for another case. In the meantime, employers should use the Regional Director’s Danbury Hospital decision as a guideline for preparing a rule-compliant voting list if faced with a union petition. For more information see our blog post Act Two: Employer Failed to Provide Union with Available Voter Contact Information, NLRB Regional Director Finds.