The NLRB announced that on November 30 it will vote on a “small number” of its controversial new union election rules, discussed previously here on the Blawg.

Background

In short, the rules are designed to speed up the election process.

Quicker elections typically favor unions. Unions often are able to campaign in secret for months before an employer is even aware that a unionizing effort is underway. Thus, once an election petition is filed, the union has a head start and the employer is left playing catch-up.

What’s Changing?

While it’s unclear exactly what will be up for vote on the 30th, here are three of the most significant proposed changes:

  • pre-election hearings would be held only 7 days after notice is served;
  • employers would be required to provide their statement of position before evidence is presented at the pre-election hearing; and
  • voter eligibility rulings would be postponed until after the election.

Who’s Saying What?

Not too surprisingly, unions and businesses generally are sharply divided on their opinions of the rules. AFL-CIO President Richard Trumka called the rules a “common-sense approach.” The U.S. Chamber of Commerce dubbed them a “blatant attempt to give unions the upper hand.”

Two Versus One?

The NLRB only has three members right now: two democrats, Mark Pearce and Craig Becker, and one Republican, Brian Hayes. That means that the vote will likely be 2-1 in favor of whatever “small changes” end up on the table.

Becker’s term expires next month. Hayes asserts that Pearce and Becker “have made it unequivocally clear that they intend to publish a final rule before the expiration of Member Becker’s appointment without regard to Board tradition or rule.”

More specifically, Hayes contends that the November 30 vote “would contravene long-standing Board tradition and the Board’s own operating rules. These rules and traditions have been established to protect the legitimacy of the Board. They cannot, in my view, simply be cast aside in pursuit of a singular policy agenda without doing irreparable harm to the Board’s legitimacy.”

Vote Specifics

The vote will be open to the public at NLRB headquarters in Washington, D.C. If you’d like to attend, send an email to publicmeeting@nlrb.gov with REQUEST TO ATTEND PUBLIC MEETING REGARDING RIN 3142-AA08 in the subject line. The vote will also be webcast from the NLRB’s web site.

The Bottom Line

Most expect the rules to be adopted as is in their entirety. So what should employers do?

Here’s a great quote from the law firm of McGuire Woods: “Wise employers will  develop ongoing educational programs and begin them before rather than after a union election petition.”

In other words, it’s more important than ever to treat your employees with dignity and respect.