NLRB Issues Highly Technical Final Rule on Representation Case Procedures

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NLRB Issues Highly Technical Final Rule on Representation Case Procedures

December 13, 2014

On December 12, 2014, a divided National Labor Relation Board (“NLRB”) issued a long anticipated Final Rule governing representation procedures that has been portrayed to “modernize” and “streamline” NLRB procedures. However, the dissenting members of the NLRB maintain that the Final Rule is actually the “Mount Everest of regulations: Massive in scale and unforgiving in its effect.” Indeed, at merely 184 pages in length, the Rule itself is “immense [in] scope and highly technical [in] nature.” See 79 FR 74307.

Among other things, the Rule is aimed at speeding up the union representation election process. For instance, the Rule has shortened the time frame between filing the notice of petition, the pre-election hearing – where proper – and the actual union election. This Rule becomes effective on April 14, 2015. For more information on the Final Rule regarding Representation Case procedures and how it will impact Employers, please contact a Clark Baird Smith LLP attorney.
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