National Labor Relations Board Proposes Three New Rules Regarding Employee Free Choice and Union Elections (US)
Earlier this week, the National Labor Relations Board announced that it is proposing three new changes to its rules, all of which concern the procedures for unions to represent certain workers. If these changes are implemented, they could create significant consequences when employees are attempting to decertify a labor union, when an employer has voluntarily decided to recognize a union, and for unions in the construction industry that are not supported by a majority of employees. Once again, the NLRB is attempting to make these changes through formal rulemaking, rather than by issuing written decisions, which could make it more difficult for future versions of the NLRB to overturn the changes. First, the NLRB proposed changing its policy when employees have sought an election and a party has filed an unfair labor practice charge. As the law currently stands, the NLRB will not hold certain types of elections if an unfair labor practice charge is pending and that ULP charge questions e...