Why it Matters: Update Your Team on Labor Board Developments
Six months after the NLRB's new union election "ambush" rules, patterns are emerging. Leadership teams should understand the new risks and fundamental shifts.
Elections now happen almost twice as fast: 24 days on average from filed petition to voting day. Almost NO pre-election hearings are held, with only 51 of the 1,000 most recent elections earning that right. Unions are also winning at a higher rate, close to 70% of the time due to lack of time for employers to communicate.
None of this is surprising given the tilted playing field employers now face. Unions can select small, targeted groups of unhappy employees for an election ("micro-units"), excluding larger, satisfied groups. Some employee groups may now use company email to organize their peers. Rules allowing long-term temporary and joint-employees in the same election units with regular employees are causing headaches. Finally, electronic signatures on "union cards" are now allowed.
Some employers are aware of these risks, follow these developments and act proactively. Managerial treatment and communication issues are still the reasons people vote for or against a union. Too many employers see a union threat as abstract or irrelevant. We hope they are right. Call CAI's team to talk over issues you face. (Thanks to Ogletree Deakins for the data).
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For further reading:
NLRB "Ambush Rule" Now In Effect
Ambush Elections, Micro voting units, Expanded Protected Activities: Preparing for an active NLRB
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