As previously reported, the NLRB, in a 3‐2 vote last year along party lines, appeared to move toward revising or rescinding the Obama‐era regulations governing Board representation elections (the so‐called “new,” “quickie,” or “ambush” election rule). As a result of that vote, the Board issued a Request for Information seeking public comment as to whether the Board should revise the regulations or rescind them.
Beating the comment deadline by a day, on April 18 NLRB General Counsel Peter Robb announced his views on the subject. He suggested changes to the “blocking” charge policy adopted by the Democratic majority on the Obama‐era Board in 2014. Under the “blocking” charge policy, if an unfair labor practice charge is filed in the course of an organizing campaign, the election is delayed pending resolution of the charge unless the charging party agrees to proceed. The General Counsel suggests that this policy unduly delays elections. Instead, he suggests that elections should go forward even if ULP charges are pending, but that the ballots should be impounded until the charges are resolved. He also suggests that pre‐election hearings should be scheduled for 12 days after a petition is filed, instead of the current eight days, in order for position statements having preclusive effect to be filed by petitioning parties (typically unions) in response to employer position statements. This would give more balance to the pre‐election hearing process. He suggested that voter lists should not be required, as currently, to include cell phone information of employees because this negatively affects employees. Finally, he suggested that in‐person voting should be the norm, contending that mail balloting potentially compromises confidentiality and leaves employees subject to potential campaign pressures in their homes and the uncertainties of the U.S. Mail.