NLRB Returns To Quickie, Ambush Election Procedures

Volume: 22 | Issue: 40
September 5, 2023

On August 24, 2023, the National Labor Relations Board (Board) adopted a final rule returning, in large part, to the expedited union representation election procedures rejected by the Trump Board. The new procedures will take effect on December 26, 2023.

According to the Board, the new procedures are meant to “meaningfully reduce the time it takes to get from petition to election in contested elections and . . . expedite the resolution of any post-election litigation.” Changes include: 

  • pre-election hearings will be scheduled more quickly – within 8 calendar days of service of notice of hearing;
  • notices of petition for election must be posted in 2 business days (instead of 5); non-petitioning parties’ statement of positions are due by noon the business day before the pre-election hearing;
  • extensions of time for holding pre-election hearings, posting notices of petition for election, and submitting statement of positions will be limited to 2 business days with proof of “special circumstances”; longer extensions will be permitted only upon the showing of “extraordinary circumstances”;
  • pre-election hearings will be limited to addressing whether a valid question concerning representation exist and all issues related to voter eligibility and unit scope inclusion will be deferred until after the election;
  • pre-election and post-election hearing briefs will only be allowed with special permission of the Regional Director or hearing officer; and
  • election dates will be set for “the earliest date possible,“ eliminating the 20 business day waiting period between the direction of election and the actual election.

These changes will impede employers’ ability to run meaningful campaigns and deny employees the time necessary to make informed decisions.

KZA attorneys have decades of union election experience. We can assist you with the Board’s fast-tracked election procedures. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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