On December 21, 2011, the National Labor Relations Board (NLRB)
announced new rules that will make it significantly easier for
unions to win NLRB elections.
The new rules, which are scheduled to go into effect April 30,
2012, will have the effect of allowing elections to take place much
quicker than they are today, within only a few weeks after a union
asks for one. This will give employers much less time to mount a
campaign to try to convince employees to vote against union
representation.
The new rules will also eliminate an employer's right to obtain
a determination before the election about whether particular
employees meet the definition of a supervisor under the labor laws.
Because supervisory status determines whether an employee is an
agent of the employer, on the one hand, or a rank and file employee
who can vote, on the other, not knowing whether a particular
employee is a supervisor puts an employer at risk of inadvertently
engaging in election misconduct.
These new rules, coupled with the new NLRB poster requirement
currently scheduled to take effect at the end of
January, make it even more vital for employers to assess their
vulnerability to a union organizing drive and to take sound
preventive steps to avoid one.
Early next month, we'll discuss the new rules in more detail
and the steps employers can take to be in the best possible
position to effectively resist a union organizing drive.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.