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Alert - NLRB Seeks Public Comments On Ambush Election Rules

Volume 16, Issue 23
December 21, 2017

The National Labor Relations Board (NLRB) is considering changing or even rescinding the highly controversial "ambush election rules" adopted in 2015 that significantly shortened the time period between the filing of a union election petition and the election itself.  You may remember that these rules were so harmful to employers that several organizations filed lawsuits against the NLRB seeking to stop the rules from taking effect. Although those efforts were unsuccessful, the recent change in the makeup of the NLRB has brought a new opportunity for employers to see reasonableness restored to these important procedural rules.  Employers wishing to offer their comments on the election rules must do so by February 12, 2018.

NLRB statistics show that the number of days between the filing of a petition for union certification and the election has been significantly reduced by the ambush election rules.  Shortening this time period reduces the ability of employers to educate their employees about the impact of unionization and deprives employees of time to fairly assess their options.  The NLRB's data show that unions have won about 5% more elections since the ambush election rules were adopted.

The NLRB's announcement of its intention to change the rules details how they were adopted by President Obama over the disapproval of both houses of Congress.  While two current NLRB Board Members strongly disagree with the current proposal to change or rescind the rules, the NLRB majority now seeks input from "unions, employers, associations, labor-law practitioners, academics, members of Congress, and anyone from the general public who wishes to provide information" about whether the rules should be changed or rescinded.

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.

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.