NLRB Makes Significant Changes to Union Election Framework

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By: James F. Hendricks, Jr., Esq.

Throughout the time of the Obama administration, the National Labor Relations Board (“NLRB”) reversed hundreds of years of precedent. Under the now Republican-controlled NLRB, the board is reverting to and issuing more pro-employer/management decisions. On March 31, 2020, The NLRB issued three significant changes to the framework for union elections.

Blocking Charge Policy

Elections can no longer be blocked by pending unfair labor practice charges. Elections will go forward and the ballots will either be counted or impounded – depending on the nature of these charges – until the charges are resolved. The certification of results will then be issued.

Voluntary Recognition Bar

Where an employer voluntarily recognized a Union, after receiving notice of recognition, employees now have 45 days within which to file a decertification petition challenging the new union’s majority support before the six-month bar to filing a petition begins.

Section 9(a) Recognition in the Construction Industry

The Board overturned precedent for construction industry unions that converts a pre-hire agreement between the union and company into a full bargaining relationship. Now the union will have to prove it has majority support, not just reliance on contract language.

These changes will take effect May 31, 2020. Leech Tishman will continue to monitor these developments, as we expect to see more of these changes this year.

Leech Tishman’s Employment & Labor Practice Group continues to monitor NLRB-related legal issues. Individuals with questions regarding any NLRB-related matter and its impact on their business should reach out to Leech Tishman’s Employment & Labor team.

Jim Hendricks is an attorney in the firm’s Employment & Labor Practice Group and practices in the Chicago, IL office. He can be reached at 630.505.1600 or jhendricks@leechtishman.com.

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