The web of rules imposed by the National Labor Relations Board (NLRB) on union elections always is rapidly evolving. From the “quickie election rules” implemented by the NLRB in April 2015 to decisions altering the types of misconduct that can be used to “re-run” a vote, can be hard to keep up.
One great resource available to employers is the NLRB’s “Outline of Law and Procedure in Representation Cases,” which summarizes and offers information on NLRB cases dealing with a vast array of issues, including scope of bargaining unit, supervisory status, and objectionable conduct. On Sept. 14, the NLRB released an updated version that includes references to recent cases in this area. For anyone interested in union elections (including union avoidance), it is a critical resource and can help ensure compliance with NLRB requirements.