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G. Thomas Harper, Editor
Harper Gerlach PL
Vol. 20, No. 2
April 2008
UNION ORGANIZING
NLRB proposes new rules to expedite union elections
On February 26, the National Labor Relations Board (NLRB) issued a proposed rule providing for a new consent election procedure. Public written comments to the proposed rule were to be received on or before March 27. The purpose of the rule is to
streamline election procedures when both labor and management agree on certain election details.
Board proposes easier way
The proposed rule "would authorize a petition for a prompt NLRB election to be jointly filed by a labor organization and an employer." The petition to the Board's regionaldirector would need to include the following information:
- the employer's name;
- the address of the establishment involved;
- the general nature of the employer's business;
- information establishing that the employer's operations affect commerce within the meaning of the National Labor
Relations Act;
- the labor organization's name, affiliation (if any), and address;
- a description of the bargaining unit the parties claim to be appropriate;
- the number of employees in the alleged appropriate unit;
- the date on which
the parties have agreed for an election, not to exceed 28 days from the date the petition was filed;
- the place and hours on which the parties have agreed for an election;
- the payroll period for eligibility to vote in the election;
- the
full names and addresses of employees eligible to vote in the election; and
- any other relevant facts.
If any of the necessary information is omitted from the petition, the regional director will inform the parties and request a corrected
petition. If the petition is complete and the regional director determines the bargaining unit is legal and proper, the petition will be docketed. Within three days of the docketing, the regional director will inform the parties of their election
request's approval. The regional director will approve the parties' agreed date, place, and hours for the election unless extraordinary circumstances warrant a change.
Within three days after the petition is docketed, the regional director will also send the employer official NLRB notices to post at the work site. The notices inform employees of the joint petition for certification and provide the date, place, and
hours of the election. It must also post copies of the Board's official "Notice of Election" in conspicuous places at least three full working days before the election. Failing to abide by the provisions can result in invalidating the election
results if timely objections are made.
Unfair labor practice charges won't block the election or cause the election ballots to be impounded. Rather, the regional director will handle them in postelection proceedings, with no appeal to the Board.
Does it take the wind out of EFCA's sail?
It will be interesting to see how this rule, if adopted, will change the debate on the Employee Free Choice Act (EFCA), which the U.S. House passed last year and the Senate's Health, Education, Labor, and Pensions Committee is considering. Proponents
of the EFCA argue that the card-check elections outlined in the bill cut through all the red tape normally involved in a union election, thereby promoting the efficient administration of workers' interests. But if the union election process is
streamlined and much of the red tape is eliminated, any possible merit for the bill is diminished.
We will keep you posted on both the status of the NLRB's proposed rule and the EFCA in future issues of Florida Employment Law Letter.
Copyright 2008 M. Lee Smith Publishers LLC
FLORIDA EMPLOYMENT LAW LETTER does not attempt to offer solutions to individual problems but rather to provide information about current developments in Florida employment law. Questions about individual problems should be addressed to the employment
law attorney of your choice. The Florida Bar does designate attorneys as specialists in labor and employment law.
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