By Kara Maciel and Samuel Rose
The National Labor Relations Board (“NLRB”) has issued its 2023 Rule related to union representation elections. Representation petitions can be filed by employees, unions, or employers and ask the NLRB to conduct an election to determine whether employees wish to be represented by a union in collective bargaining.
The 2023 Rule reverses many of the provisions in the NLRB’s 2019 Rule which extended the timeline that the parties had to conduct an election. The 2019 Rule gave rise to extensive litigation resulting in the U.S. Court of Appeals for D.C. striking down significant portions of the rule. The NLRB had already rescinded the struck down provisions of the 2019 Rule, but the 2023 Rule makes additional changes, essentially returning the election process to the 2014 Rule. The NLRB says that the 2023 Rule “will meaningfully reduce the time it takes to get from petition to election in contested elections and will expedite the resolution of any post-election litigation.”
The 2023 Rule includes numerous differences from the 2019 Rule, including: Continue reading