The new NLRB administrative rules regarding how elections are conducted appear to have dramatically decreased the time it takes to conduct an election and appear to have substantially increased the likelihood of a result favoring organized labor. A recent analysis showed that “the NLRB fit 31 more resolved elections into the four-month period following the rule change than it did into the same period a year earlier. What’s more, every one of those 31 additional elections was a victory for the union.” As noted by the study, after the implementation of the new rules in April 2015, the median amount of time it took to reach an election decreased by two weeks.
In April 2015, the NLRB implemented its new, streamlined election process allowing the electronic filing of election petitions, requiring that the petition be served on the other party by the petitioner to avoid the extra step of the NLRB having to serve the petition itself, and forcing the petitioner to provide evidence that it has the support of 30% or more of the employees simultaneously with the petition. In addition, the deadline for challenging a petition as well as the date of a hearing on such a challenge have been condensed and elections are now allowed to go forward even if the decision to conduct an election is under review or being appealed. Those are just a few of the changes to the process. If you are thinking about filing a petition, it is encouraged that you contact an attorney for more information regarding the changes.