The “Quickie Election Rule” Returns

A newly issued National Labor Relations Board rule revives Obama-era union representation election procedures that operate to unions’ advantage.

The National Labor Relations Board (NLRB) on August 25 adopted a final rule amending procedures governing union representation elections. The rule shortens the time period between the filing of a representation petition and the holding of an election and makes other changes that operate to unions’ advantage. Reversing regulations issued by the Board during the Trump Administration, the new rule marks a return to the “Quickie Election” or “Ambush Election” Rule issued by the Board during the Obama administration almost in its entirety.

AGC took several steps to stop the Obama-era rule – including regulatory comments, Congressional lobbying, and even litigation – but the rule survived all substantive challenges. While the Board’s new rule could be vulnerable on procedural grounds (given the agency’s failure to provide the public with advance notice and an opportunity to comment before making the rule final), its similarity to the Obama-era rule means it, too, could likely survive substantive challenge. The rule is set to take effect on December 26.

For more information, contact Denise Gold at [email protected] or (703) 837-5326.

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