NLRB Tempers Quickie Elections, Not Overreach

Yesterday, National Labor Relations Board Chairman Mark Pearce issued a statementdescribing the proposed rule changes to the union election process. The changes were expedited to guarantee approval before Board member Craig Becker’s term expires. Then the NLRB will consist of only two members, eliminating its rulemaking power.

Fortunately, the expedited proposal is a watered-down version of “quickie elections.” The provision that would have sped up the election process to 7-10 days after a petition for union representation was removed. Although the rule change is less egregious than originally anticipated, Chairman Pearce hopes to impose the original changes to union election procedures in the future — including speeding up elections to 7-10 days, allowing union’s access to employer’s facilities and workers contact information.

Today, the NLRB union election amendments are up for a vote that in effect is final. The only opposition to the pro-union policy, lone conservative Board member Brain Hayes, must resign. Seeing how Hayes’ resignation is unlikely before 2:30 today, it is important to understand the obstacles of the rule changes.