NLRB Votes in Favor of Major Changes to NLRA Election Procedures and House Passes “Workforce Democracy” Bill

Morgan Lewis
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By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board's representation election procedures. The vote adopted a subset of procedural reforms first proposed by the Board on June 22, 2011. The new rules are designed to substantially change—and speed up—the existing union election process, as well as limit employer participation in that process.

The adopted rules, as outlined below, will take effect after the Board drafts the revised regulatory language and then votes on the final language. Because the Board will likely be reduced to only two members at the end of this year when Member Craig Becker's recess appointment concludes, thus losing its three-member quorum, the current Board majority plans to act on the final language within the next 30 days. Ironically, almost immediately after the changes are adopted, they will be supported by only a single NLRB member—Chairman Mark G. Pearce—with the opposition of Member Brian Hayes, and with Member Becker gone.

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