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In the middle of August, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking to amend Part 103 of the NLRB’s Rules and Regulations. The proposed amendment, published in the Federal Register, seeks public comment on amendments that will provide better protection to employee election rights to have a free choice on whether to be represented by a union for collective bargaining with employers.  Three amendments are proposed:

  1. Blocking Charges: The amendment seeks to replace the current blocking charge policy with a “vote-and-impound” procedure.  Elections would no longer be blocked by pending unfair labor practice charges, perhaps for years.  Rather, the amendment would provide for voting, and the ballots would be impounded until the unfair labor practice charges are resolved.
  2. Voluntary Recognition Bar: The Board proposes returning to the rule of Dana Corp. (2007), which provides that for voluntary recognition to bar a subsequent representation petition-and for a post-recognition collective-bargaining agreement to have contract-bar effect- the unit employees must receive notice that voluntary recognition has been granted, and provided a 45-day open period within which to file an election petition.
  3. Section 9(a) Recognition in the Construction Industry: The rule amendment proposes changes in the construction industry, where less-than-majority employee support bargaining relationships established under Section 8(f) cannot bar petitions for a Board election.  To bar an election based upon an alleged Section 9(a) relationship, positive evidence of majority employee support will be required, and cannot be based on contract language alone, overruling Staunton Fuel (2001).

Board Chairman John F. Ring stated: “There are few more important responsibilities entrusted to the NLRB than protecting the freedom of employees to choose, or refrain from choosing, a labor organization to represent them, including by ensuring fair and timely Board-conducted secret ballot elections. We believe that the changes we propose today further the goal of protecting this vital freedom.”

Public comments must be submitted within 60 days of the Notice’s publication in the Federal Register.  Please contact Spognardi Baiocchi, LLP if you would like to retain the firm to submit comments on behalf of your organization.

Contributed by guest author:  Spognardi Baiocchi LLP, a law firm dedicated to partnering with companies of all sizes to find solutions for labor, employment, human resources, and general business needs.  www.psb-attorneys.com.

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This entry was posted on Tuesday, August 27th, 2019 at 3:11 PM and is filed under Regulatory & Legal Updates. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.