The NLRB announced on Friday that the three-member Board will vote on November 30 on "whether to adopt a small number of the amendments to its election procedures that the Board proposed earlier this year." The controversial NLRB proposed rule included various measures that would significantly shorten the time between when a petition for a representation election is filed and when the election occurs.
Republican NLRB appointee Hayes, who has expressed strong opposition to the proposed rules, estimates that, under the new timeframes, elections might occur in 10-21 days after a petition is filed, as opposed to the average current time of 38 days. Because the proposed "quickie elections" could significantly hamper an employer’s opportunity to communicate to workers before the election, the business community has also expressed significant concern about the proposed rules.
The November 30 vote is timed to occur before the expiration in January of the appointment of Democratic-appointee Becker. When Member Becker’s term expires, Democrats will lose their majority on the current three member Board. Member Hayes has contacted Congress, arguing that the two Democratic members are trying to push the rule-making through without giving him adequate opportunity for dissent. Even if the vote goes forward as scheduled, we expect further legal challenges to the propriety of the action.