The National Labor Relations Board is proposing to rescind its current rule that allows:

  • Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised;
  • Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and,
  • Election challenges to the representative status of voluntarily recognized construction unions, even when a collective agreement shows that the employer voluntarily recognized the union based on a showing of majority support.

The proposed rule will:

  • Allow a Regional Director to delay an election that may have to be re-run because of the alleged unfair labor practice;
  • Prevent challenges to a voluntarily recognized union until a reasonable period for collective bargaining has passed; and,
  • Establish a six-month limitations period for election petitions challenging a construction employer’s voluntary recognition and provide that collective agreement language can stand as evidence that voluntary recognition was based on section 9(a) of the National Labor Relations Act.

Public comments on the proposed rule are due by January 3, 2023 and may be submitted electronically to regulations.gov or by mail or hand delivery to the Executive Secretary of the  NLRB. Replies are due two weeks later.

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