Proposed Rule Would Change Union Election Procedures

The National Labor Relations Board (NLRB) published a proposed rule that would change processes for union election procedures. The proposal would replace the existing blocking charge policy with a “vote and impound” procedure that allows elections to move forward while impounding the ballots until a determination is made regarding the unfair labor practice charge. Blocking charges are often used to allow labor unions to indefinitely block decertification elections.

The new rule would also give employees a 45-day window to petition for a secret ballot election after the employer voluntary recognizes the union. In addition, the rule would redefine evidence required to prove that an employer and union in the construction industry have established a voluntary, majority-supported collective-bargaining relationship.

The Board says the new rule will protect workers’ right to choose or reject union representation and remove barriers to secret ballot elections. Comments on the proposal are due by October 11, 2019.

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