The current National Labor Relations Board (NLRB or Board) continues to take steps toward reversing union-friendly Obama-era NLRB rules and regulations. Previously, the Board sought public comment on whether it should change the NLRB rules and regulations established in 2015, also referred to by some as the “Ambush Election” Rules or “Quickie Election” Rules. On Aug. 12, 2019, the Board published a Notice of Proposed Rulemaking involving Representation Election procedures (Proposed Rule). The Proposed Rule is consistent with the Board’s use of formal notice-and-comment rulemaking to reshape labor law. It seeks to modify three policies that currently simplify unions’ ability to achieve and retain their status as the exclusive representative of employees for the purpose of collective bargaining: (1) the use of unfair labor practice charges to block petitions for a decertification election, (2) the use of voluntary recognition to prevent challenges to a union’s majority status via NLRB election procedures, and (3) the use of collective bargaining agreement language to convert a construction industry pre-hire agreement into a Section 9(a) collective bargaining relationship without an NLRB election or a showing of majority status.
