A new federal rule requiring quicker union elections will take effect on Dec. 26.
The National Labor Relations Board (NLRB) issued the final rule on Aug. 24 to shorten the union election time frame that was established four years ago. The new rule requires union elections to be held at "the earliest date practicable." It eliminates a 20-day waiting period incorporated in the previous rule.
Disputes over eligibility to vote in a union election do not need to be litigated or resolved prior to an election, according to a recent memorandum from NLRB General Counsel Jennifer Abruzzo. That means disagreements over whether certain individuals qualify as supervisors may not be litigated until after a union vote is held.
Under the new rule, pre-election hearings will be scheduled to start eight calendar days after the union petition filing with the NLRB. That's 10 calendar days sooner than under the NLRB's 2019 election rule. A nonpetitioning party's written response will be due seven calendar days after the petition filing, which is three calendar days sooner than under the 2019 rule. Employers must post and distribute a notice of petition for election within two business days after receiving the notice of hearing, rather than five business days under the 2019 rule.
Preparation
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