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Alert - NLRB Extends Time For Public Comments On Ambush Election Rules

Volume 17, Issue 1
February 19, 2018

As we wrote in December, the National Labor Relations Board (NLRB or Board) is considering changing or even rescinding the highly controversial "ambush election rules" that significantly shortened the time period between the filing of a union election petition and the election itself. The NLRB has requested public comment on three questions:

  1. Should the 2014 Election Rule be retained without change?
  2. Should the 2014 Election Rule be retained with modifications? If so, what should be modified?
  3. Should the 2014 Election Rule be rescinded? If so, should the Board revert to the Representation Election Regulations that were in effect prior to the 2014 Election Rule's adoption, or should the Board make changes to the prior Representation Election Regulations? If the Board should make changes to the prior Representation Election Regulations, what should be changed?

The Board has recently announced that it is extending the deadline for receipt of public comments to Monday, March 19, 2018.

We encourage employers to comment on the NLRB's proposal to change the ambush election rules, especially if you have experienced an election under these rules. If you would like assistance with this process, please contact a KZA attorney.

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KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.