This past spring, the National Labor Relations Board (NLRB) issued modified procedures for unions and employers to follow when a representation petition is filed. Effective April 14, these aptly-called “quickie election rules” decrease the time frame during which union organization elections occur. These rules also increase the requirements for employers faced with organizing campaigns. The stated goals of the new procedures are to streamline the election process, increase uniformity among regional offices, reduce unnecessary litigation, and update the election rules in light of modern technology.

Pre-Election Procedures

To initiate an election, typically a union files or e-files an election petition with an NLRB regional office. The union must also file a statement of position form and a description of representation case procedures form with the NLRB. All three documents must be served on the employer, and the union must file with the regional office a certificate of service reflecting same. The union must also provide contact information for its representative, along with its position on the type, date, time and location of election sought. Within two days of the filing, the union needs to file with the NLRB, but not with the employer, its “showing of interest,” which is evidence that it received authorization cards from at least 30 percent of the employees in the proposed bargaining unit.

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