December 12, 2014 the NLRB implemented “ambush election rules” which govern the procedures for union representation elections. The new rules go into effect April 14, 2015!
What that means is that union elections will occur in just 10 to 21 days after the union requests a vote (a petition is filed); historically this occurred over a 6-7 week period. Voter eligibility issues are now deferred to after the election occurs, unless the issue involves 20% of the bargaining unit.
The new rules include expedited hearings and such hearings will now be set to start 8 days after date the petition is filed. Employers will have to conduct research and filed a detailed legal position including any exclusions from the bargaining unit, appropriateness of the unity, the proposed date, time and place of the election as well as any other issues raised by the employer. Lastly, the employer must provide the union with 2 separate list of employees to include (1) all employees in the challenged, petitioned-for-bargaining unit; and (2) all employees in the unit the employer contends is appropriate. Two days after the unit is decided, the employer must send the union and electronic listing with the employee name, home address, telephone number, email address, work location, shift and job classification.
