Event

About the Program

Preparing for the NLRB's Ambush Election procedures

Recently, the National Labor Relations Board "NLRB" or the "Board" has taken to actions that dramatically change the labor relations landscape. On December 12th, 2014, the "Board" announced that it was adopting the final rule amending its procedures for union representation elections. The final rule is scheduled to take effect on April 14th, 2015. The new election procedures, when ultimately effective, will have the following consequences:

• The rule shortens the time period between the filing of the petition and the holding of the election. Currently, the standard time period is 42 days. The new "quickie election" procedures would allow an election in under 20 days.
• The rules substantially limits the opportunity for a full pre-election evidentiary hearing of contested issues such as the appropriate bargaining unit, supervisor determination and individual voter eligibility.
• The rule eliminates the pre-election request for review to the Board. Employers would have to seek review of all elections rulings through a single, post-election request.
• The rule requires that additional contact information of unit employees, including personal email addresses and cell phone number, be provided to the union.

Practical Effect of the Board's Rule Changes

• Once an employer receives the election petition, it will have a very short time period to assess appropriate bargaining unit issues and prepare for a representation hearing;
• If an employer does not become aware of a union organizing campaign until after it receives the petition, it will have less time to make an effective case against unionization;
• It will be easier for unions to win NLRB representation election; and
• It will more difficult to overturn the results of an election in favor of a union

In a related action, the Board held in PC,inc. that, absent justification for a total ban on non-work related emails, employees who have been given access to an employer's email system have the right to use that system for communications that are protected by the NATIONAL LABOR RELATIONS ACT, including the right to organize, campaign on a union's behalf and discuss "or complain" about terms and conditions of employment. This overturns a 2007 ruling by the Board. Many aspects of this ruling are ambiguous, leaving employers' rights and obligations unclear.

Labor attorneys Jay Fries and Kathleen Talty of Ford & Harrison will explain the practical effect of the Boards recent actions, the consequences for employers and the actions that employers should take now to minimize their risk. Attendees will learn:

• When and how an employer may lawfully restrict us of its email system after the Boards PC decision.
• How the Board will handle election decisions effective April 2015, and how it differs from the current procedures.
• What steps employers can take to prepare for a union organizing drive, and why those action must take place before a petition is filed with the NLRB.

This program has been submitted for 1.5 HRCI - General Credit Certification and Eligible for 1.0 SHRM PDC.

Cost
$25.00 Members; $35.00 Non-Members; $45.00 Walk-ins

Registration
For more information or to register, please click here.