Professional Service Agreement

NLRB issues final "quickie election" rule

December 18, 2014

On Friday, December 12th the NLRB announced it has adopted a final rule which amends the Board's longstanding union election procedures. The rule was published in the Federal Register on December 15th, and will take effect on April 14, 2015.

The Board announced that the new rule will enable the agency to more effectively fulfill its duty to protect employee rights by more efficient and expeditious methods to resolve questions of representation. At its heart the new rule severely limits the time within which a company can educate its employees and communicate openly with them regarding the election process. This change alone makes it most imperative that employers educate their supervisory groups about the signs of organizing activity to ensure that they are not "ambushed" by an organizing effort. Clearly "speed is the goal" of the new rule.

Key points of the new rule include:

• Election now, hearing later
. Expedited elections will be conducted without hearings to address the fundamental question of who is eligible to vote.

• Vote now, understand later
. The new rule severely limits the time between the filing of the election petition and the election itself. This action makes it extremely difficult for employers to communicate with employees regarding whether or not to form a union.

• Protected speech
. By requiring elections to occur as quickly as possible the rule deprives the right of employers, unions, and employees to engage in protected speech.

• Speed, Speed, Speed. The rule greatly accelerates all deadlines associated with representation elections.

• Employee Privacy. The new rule requires employers to furnish union organizers with all available employee e-mail addresses and contact numbers in their possession. Employers must furnish this list within 2 business days of a decision directing an election.

For employers wishing to remain union-free, SESCO has several options available including training for managers, employee opinion surveys, and our Union Awareness/Avoidance Manual. If we may be of assistance, contact us at 423-764-4127 or by email at