As expected, the National Labor Relations Board has issued “quickie election” rules—new regulations that will likely shorten the amount of time between a union’s petition for an election and the date of the election itself. The changes apply to representation petitions filed on or after December 26, 2023 (88 Fed Reg 58076, August 25, 2023).
We previously reported that in March 2023, the current (Biden-era) Board placed a “stay” (a temporary hold) on two provisions in representation case procedures that the Trump-era Board had issued in 2019. Those provisions: (1) allowed the parties to litigate disputes over unit scope and voter eligibility before an election; and (2) required at least 20 business days between the agency’s direction of an election and the election date. The Board’s stay was scheduled to end on September 10, 2023. The latest round of rules wipes out those two provisions, but since the new rules don’t take effect until December 26, 2023, the Board also extended the stay on the two provisions from the 2019 rule through December 26, 2023 (88 Fed Reg 58075, August 25, 2023).
As a result, the representation procedures will be entirely revamped, with no remnants of the 2019 rules, effective December 26. In its summary of the new regulations, the Board’s List of Amendments highlighted ten significant changes, including a requirement for the appropriate regional director at the agency to schedule elections on “the earliest date practicable” after the agency orders an election. The 2019 rule contained the same language, but imposed a waiting period of 20 business days, which is eliminated under the new rules.
Tips: The shorter the period between a union petition and election, the less time an employer has to make its case as to why a union is unnecessary. It’s best to be proactive in addressing employee concerns, to prevent union organizing in the first place. Employees’ advocacy in this area is usually protected, so before taking any disciplinary action for “insubordination” or similar conduct, contact your Vigilant Law Group employment attorney for advice.
