The National Labor Relations Board (NLRB) released a proposed rule on Nov. 3 that would make it harder for unionized employees to vote out a union that they don't support.
"The big takeaway here is that the current NLRB is moving to protect union status among organized workforces," said David Pryzbylski, an attorney with Barnes & Thornburg in Indianapolis. "This rule would make it easier for unions to keep their umbrella over workers, even if the employees no longer wished to be represented by a union. It doesn't impact workers' ability to form unions."
The NLRB "is picking up the pace on reversing Trump-era policies in favor of policies that are more friendly to labor organizations," said Christopher Durham, an attorney with Duane Morris in Philadelphia.
Provisions in the Rule
The proposed rule addresses three areas: election-blocking charges, voluntary union recognition and construction industry bargaining relationships. The proposal would rescind a 2020 final rule, which is still in effect.
The proposed rule would restore the board's "blocking charge" policy, in which election proceedings would stop if the union brings allegations that the employer used coercive conduct to interfere with workers' free choice.
Under the old policy, if there were charges of coercive conduct, the ballots would be impounded until the charges were resolved. If no merit is found to the charges, then the votes would be counted. If the employer acted unlawfully, the ballots would stay...
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