NLRB “Ambush Election Rule” Now In Effect

by Anne Zachritz

The National Labor Relation Board’s “Final Rule”, also known as the “Ambush Election Rule”, became effective April 14, 2015.  Although litigation regarding the rule proceeds, employers anticipate an uptick in petitions and organizing activities as unions take advantage of the new rule.  The new rule, among other things, requires a pre-election hearing within eight days of the filing of an election petition, requires employers to submit their position statement within seven days of receiving the petition, and limits the issues and evidence which an employer may present at a pre-election hearing.  The rule also eliminates an employer’s ability to appeal certain pre-election decisions and allows elections to be held within eleven days after the election petition is filed.  The practical effect is that employers have less time to, among other things, communicate with workers about the election, less time to investigate the appropriateness of the election, and less time to prepare. Regardless of the ultimate impact of the new rule, the new rule presents a number of pitfalls for employers.

 

For more information, please contact Anne Zachritz by email at aezachritz@andrewsdavis.com or by phone at 405.272-9241.


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