Employers ordered by a National Labor Relations Board (NLRB) regional director to participate in a secret-ballot union election have only two days to provide unions with employees' personal contact information, as a result of a decision handed down on Jan. 17 by the U.S. Court of Appeals for the District of Columbia Circuit. The court struck down the voter list portion of a 2019 final rule that had given employers five days to provide the information, favoring a 2014 final rule.

The court also struck down two other provisions of the 2019 rule, noting it was issued without going through the public notice-and-comment period, and a fourth, finding it contradicted the text of the law. The court upheld two other provisions as procedural.

The loss of three days in turning over voter lists may not sound like a significant change, but handing over the lists can rile employees if they are taken off guard. This decision may leave employers scrambling both to provide the lists and to alert employees that they are required to do so.

"Many employees may not want their personal contact information disclosed to third parties, like unions, without their consent," said David Pryzbylski, an attorney with Barnes & Thornburg in Indianapolis. "This could be due to wanting to avoid incessant solicitation or just general privacy concerns."

Mark Kisicki, an attorney with Ogletree Deakins in Phoenix, said, "Many employees have expressed anger and a sense of betrayal when they learn their...

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