L. Brent Garrett's article "10 Ways to Get Burned Under the New NLRB Election Rules" was featured in Inside Counsel on April 15, 2015.
The National Labor Relations Board's (NLRB) new election rules require employers to navigate a procedural gauntlet between the representation petition and the election. In addition to expediting the process, the new rules impose a vast array of new burdens on employers, including a new Notice of Petition, electronic posting, assorted pre-hearing disclosures and a significantly expanded voter (Excelsior) list.
In the article, Brent discusses ten ways that employers can get burned under the new election procedures.
- The union's petition gets stuck in a spam filter
- The employer fails to post the "Notice of Petition of Election" within two business days
- Pre-existing scheduling conflicts for key witnesses
- Failing to serve the Statement of Position by noon the business day before the hearing
- Omitting required employee information from the Statement of Position
- Failing to "electronically distribute" an Election Notice
- Failing to have an "offer of proof" ready at the start of the hearing
- Failing to draft a written closing argument before the hearing
- Technical non-compliance on the new Excelsior list
- Allowing your educational campaign to be sidetracked by burdensome procedural requirements
To read the full article, please visit Inside Counsel.
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