Employers might find it more difficult to stand in the way of unionization and collective bargaining under a rule proposed by the National Labor Relations Board and set to be published in the Federal Register on Friday. The rule, when finalized, would replace one from 2020.
“The Board believes, subject to comments, that these proposed changes will better protect workers’ ability to make a free choice regarding union representation, promote stability in labor relations, and more effectively encourage collective bargaining,” NLRB Chairman Lauren McFerran said in a statement.
The existing rule, according to the NLRB:
- Allows representation elections to proceed despite pending unfair labor practice charges alleging coercive conduct that would interfere with employee free choice and require a re-run election;
- Allows challenges to the representative status of a union that has been voluntarily recognized based on a showing of majority support among employees before there has been a reasonable period for collective bargaining;
- Permits election challenges to the representative status of unions representing construction industry employees.
The so-called Fair Choice and Employee Voice rule under consideration would revert to the 2014 standard and rescind those allowances to tip the scales in favor of workers, according to NLRB. Under that rule, when unfair labor practice charges are filed while an election petition is pending, a regional director could delay the election if the alleged conduct threatened to interfere with employee free choice.
Additionally, the proposed rule would eliminate challenges to the status of a newly recognized union until a “reasonable” period for collective bargaining has passed.“ The Board noted that under the 2020 rule, employees almost never filed election petitions to oust recognized unions, suggesting that voluntary recognition almost always accurately reflects employee free choice,” the NLRB said.
The proposed rule also would restore a six-month limitation period for election petitions challenging a construction employer’s voluntary recognition of a union under Section 9(a) of the National Labor Relations Act.
“The Board explained its preliminary view, subject to comment, that the 2020 rule had injected uncertainty and unpredictability into construction-industry labor relations,” the NLRB said.
Public comments will be accepted until Jan. 3 and can be submitted either electronically to regulations.gov or by mail or hand-delivery to Roxanne L. Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street SE, Washington DC 20570-0001.
Comments replying to comments submitted during the initial comment period must be received by the board by Jan. 17.
