The National Labor Relations Board ("Board") has issued a final rule, intending to streamline its union election processes. The final rule, published in the December 22, 2011 Federal Register, has already sparked significant controversy, including a challenge in court and anticipated challenges in Congress. It is a narrower version of a more comprehensive proposed rule issued in June 2011. Set to take effect on April 30, 2012, the final rule is intended to "reduce unnecessary litigation and delays" and will limit the issues considered in pre-election hearings as well as the availability of Board review of regional directors' decisions in representation cases. Under the Board's current procedures, elections generally take place within 42 days of the filing of a petition. The final rule's changes are designed to shorten that period and ensure that all elections occur in close proximity to the filing of a petition with little to no opportunity for employer challenge pre-election and the potential for no post-election review. These changes should improve the likelihood of a union winning an election to represent a group of employees.
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