The NLRB has been in the news as the year draws to an end. Just a few weeks ago the National Labor Relations Board approved a Resolution to move forward with some earlier-proposed changes of rules for union representation election procedures. Within the last two weeks, the Board dismissed the Boeing unfair labor practice complaint, and now, the Board has issued new rules to maintain some semblance of normal operation when the Board loses a three-member quorum, as is about to happen when Congress again goes on recess and the recess appointment of Member Craig Becker (D) ends. With this backdrop, President Obama nominated two members to the Board, but their confirmation by the Senate appears unlikely given the current political environment in Washington.

Election Rule Changes -- Key Aspects

The proposed election rule changes would streamline election hearing and appeal procedures and speed up the election process, a result that would shorten the period for employers to communicate with employees in representation case campaigns and permit elections in bargaining units that could be dramatically affected by post-election appeals. The Resolution expressly provides that "no final rule shall be published until it has been circulated among the members of the Board and approved by a majority of the Board" and that the Board will continue "to deliberate on the remainder of the amendments proposed in the [earlier-proposed rulemaking]." Final rules have not yet been published.