NLRB Outlines New Rules for Union Elections, Pending Lawsuit

The National Labor Relations Board released a memo discussing how regional offices will implement new representation case procedures, which go into effect today.
In December, NLRB changed its rules regarding requirements for filing and processing petitions for union representation. The final rule adopted will "modify in certain significant respects the procedures applicable to the processing of representation changes," according to the NLRB, and will:
  • Provide post-hearing briefs after pre-election hearings only when it will assist decision makers.
  • Reduce piecemeal appeals to the NLRB by consolidating requests for review of regional directors' pre-and-post election determinations into a single, post-election request.
  • Make NLRB review of post-election regional determinations discretionary; and
  • Eliminate duplicative regulations.
A report in AHA News Now notes that the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a joint federal lawsuit in February against the NLRB, claiming its new ruling violates the National Labor Relations Act, Administrative Procedure Act, Regulatory Flexibility Act and intrudes on free speech and due process constitutional rights.

The NLRB says the new ruling will "reduce unnecessary litigation in representation cases and thereby enable the Board to better fulfill its duty to expeditiously resolve questions concerning representation."

The group filing suit against the NLRB claim the ruling "completely eviscerates the statutory right under the NLRA to pre-election hearings."

The American Hospital Association — along with the American Society for Healthcare Human Resources Administration, American Organization of Nurse Executives, the HR Policy Association and Society for Human Resource Management — filed a friend-of-the-court brief to support the Chamber of Commerce's challenge of the NLRB ruling.

More Articles on NLRB, Unions:

AHA, Others Files Amicus Brief in Support of Lawsuit Filed Against NLRB
NLRB Claims Steward Unlawfully Fired Nurse for Union Organizing
Union Claims El Camino Hospital Execs Manipulated Election Process

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