The National Labor Relations Board recently unveiled a plan to roll back three representation election policies established by the previous administration.
In November, the NLRB issued a notice of proposed rulemaking seeking public comment on its fair choice and employee voice rule, which seeks to completely rescind and replace the prior board’s April 1, 2020, final rule.
The new rule furthers the NLRB’s agenda to undo certain policies and laws set by the Trump-era board, which was widely considered to be an employer-friendly body.
If enacted, the rule will add hurdles to the NLRB’s representation election process while clearing the path for employers and unions to more easily enter into voluntary recognition agreements. These do not require a secret-ballot election for employees.
This rule could prolong and further complicate the representation election process, denying employees a free and fair choice about union representation through a secret-ballot election.
The new rule proposes three discrete amendments to th board’s rules and regulations at Section 103.2, covering election-blocking charges, voluntary recognition bar doctrine, and voluntary election agreements in the construction industry. Practitioners should be aware of the window...
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