• The NLRB proposed significant election rule changes that would require employers and unions to identify issues and formulate positions more quickly in representation case proceedings in front of the NLRB. NLRB Chairman Wilma B. Liebman asserted the current election rules “still seem to build in unnecessary delays, to encourage wasteful litigation, to reflect old-fashioned communication technologies, and to allow haphazard case-proceeding, by not adopting best practices.” The proposed changes would shorten the time between the filing of an election petition and the actual secret ballot vote, which unions heavily favor. For more information regarding the proposed election changes, please click here to view a client briefing from Winston & Strawn on this topic.
  • The Department of Labor’s Office of Labor-Management Standards (OLMS) published a notice of rulemaking to dramatically revise the interpretation of “advice” to expand the requirements for reporting “persuader” agreements between employers and labor relations consultants and legal counsel. The proposed rule seeks to limit the advice exemption to the “plain meaning” of “advice,” defined as “an oral or written recommendation regarding a decision or course of conduct.” The practical consequence would be to impose new reporting and disclosure requirements on employers opposing union organizing efforts, as well as any consultants or attorneys who are retained to assist the employer in such an effort.