MONDAY MORNING MINUTE: January 13, 2020

Monday Morning Minute

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NLRB MODIFIES QUICKIE UNION REP RULES

CNN MAKES HISTORY

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January 13, 2020

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MAGA: NLRB MODIFIES "QUICKIE" UNION REPRESENTATION RULES

Shortly before Christmas, the NLRB relaxed its expedited union representation rules in favor of employers. Chairman John F. Ring announced, "These are common sense changes to ensure expeditious elections that are fair and efficient." The new rules provide:

The rule amendments allow more time to for employers to prepare for the pre-election hearing. The new rule extends the time for holding a pre-election hearing from 8 calendar days to 14 business days after the petition is filed. This allows the employer a longer time period to prepare for the hearing. It also allows the parties and the Board more time to try to resolve issues without a hearing, rather than litigating issues that might have been resolved through negotiation and agreement.
The new rule requires unions to respond to the employer's position statement. Previously, the entire burden leading up to a pre-election hearing rested on the employer, including the filing of a position statement, or risk waiving the issues at hearing. Under the new rule, some of the burden is shifted to the union. The union is now required to file a response to the employer's position statement, or risk having their petition dismissed or the employer's position on bargaining unit issues accepted by the Region.
The new rule allows employers to litigate who are supervisors and who is included in the bargaining unit before the election. Employer will once again know who is eligible to vote in the election and customize their communication to those employees who will be voting. Employers will also know in advance who its supervisors and front-line management are during the critical campaign period and who its union-free communications team is.
The new rules provide employers with more time to conduct a union-free campaign before the election The new rule directs Board officials to set elections no fewer than 20 days after approval of consent election agreement or order and direction of election. This change will come close to returning the pre-election timeline to the pre-expedited election rules average.

The final rule amendments go into effect 120 days from the date of publication in the Federal Register. Until then, employers will still have to comply with the existing quickie election rules. Call any Spognardi Baiocchi attorney if you need help with your union free efforts or labor relations matters.

CNN MAKES HISTORY- AND NOT IN A GOOD WAY
On January 10th, 2020, CNN agreed to pay $76 million in backpay for a dispute that originated in 2003. This amount is the largest monetary amount in the history of the National Labor Relations Board. Please click here to read the full release: CNN MAKES HISTORY AND NOT IN A GOOD WAY

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With over 50 combined years of experience among its 2 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.

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DISCLAIMER: All content in this Monday Morning Minute is intended for general information only, and should not be construed as legal advice applicable to your particular situation. No attorney-client relationship is created. Before taking any action based on the information contained herein, you should consider your personal situation and seek professional advice.