ARTICLE
9 November 2015

The NLRB's New Election Rule: Lessons Learned From The First 150 Days

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Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
About six months ago, the National Labor Relations Board's new regulations and procedures governing union representation elections went into effect.
United States Employment and HR

About six months ago, the National Labor Relations Board's new regulations and procedures governing union representation elections went into effect. Before they did, many people predicted that the new rules would significantly increase the number of union elections, drastically shorten the time between the filing of a petition and holding of an election, place significant stress on management trying to comply with the tight deadlines immediately following the filing of the petition, and make it more likely that unions will prevail in representation elections.

So . . . has any of that turned out to be true? So far, both the data and our experiences have taught us that, yes, the dire warnings were well founded. Employers were right to be concerned and those who began preparing for the new Election Rule early were wise to do so. There is more organizing activity, the tight post-petition timelines are very difficult to meet in the absence of significant preparation, and it is harder than ever for employers to prevail in elections — especially if they have not done meaningful groundwork in advance to prepare for the possibility of an election.

In our Lessons from the First 150 Days webinar, Jack Toner and Chuck Walters will discuss the trends revealed in the NLRB's own data as well as some of our Firm's experiences under the new rules. It's not quite Halloween yet, but prepare to be frightened as Chuck and Jack take you on a 20-minute tour of the haunted house employers are now living in under the NLRB's new election rules.

Webinar Recording

PowerPoint Presentation

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.

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