The National Labor Relations Board (NLRB) on March 10 in the Federal Register rescinded a portion of a 2019 final rule that had given employers ordered to participate in a secret-ballot union election five days to provide unions with employees' personal contact information. The NLRB made this rescission in response to a Jan. 17 decision by the U.S. Court of Appeals for the District of Columbia Circuit vacating parts of the rule. The NLRB rescission means employers have only two days to provide the information.
In the same Federal Register rule, the NLRB rescinded three other provisions of the 2019 final rule in addition to the voter list provisions. In a separate Federal Register rule, the NLRB noted that the D.C. Circuit upheld two provisions and these would apply as of Sept. 10. However, the board also said it is considering the repeal or revision of the upheld provisions.
In its rescission rule, the board stated, "This rule is simply an administrative step that reverts the language of the relevant regulations to their pre-2019 versions, to reflect the court order vacating those four provisions of the 2019 final rule."
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Rescission Opposed
NLRB Member Marvin Kaplan dissented from the rescission. He noted that a 2014 rule's voter list provisions, which have been reinstated, require the employer to furnish employees' personal e-mail address and home and cellphone numbers. The rescinded 2019 rule left...
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