NLRB Pulls a “Quick One” on Employers

In December 2014, the National Labor Relations Board (“NLRB”) issued what many call the “Quickie Election” Rule or “Ambush Election” Rule. In short, this new rule will decrease the period of time between a union election petition and the election itself from around forty-two (42) days to as few as fourteen (14) days. The rule is set to take effect today (April 14, 2015).

The shortened election period is not inconsequential. Typically, when a union files a petition to hold an election, it has usually been communicating with employees for a considerable time concerning the benefits of unionization. Under prior law, the employer had enough time to educate employees on the negative aspects of union representation and try to counteract the union’s organizing efforts.

Under the new rule the union organizers are significantly advantaged. Employers now should be alert to the possibility of unionization activity and consult legal counsel to prepare in advance to defend a campaign.