On December 20, 2011 the NLRB finalized its “ambush election” regulation dramatically reducing the period between the filing of a labor union’s petition to represent employees and the election to determine whether the union should be certified. The text of the final regulation has not been released to the public but upon confirmation of the act the U.S. Chamber of Commerce and other associations have already filed suit in federal court to block the implementation of the regulation. This action was anticipated given the imminency of the conclusion of his recess appointment to the NLRB.

On November 30, 2011 the NLRB published a “resolution” that was passed by a 2-1 vote. The resolution forecast the composition of a revised regulation that would shorten the period between the filing of a representation petition by a labor organization and the timing of an election among employees to determine if the union should be certified. The resolution also forecast the limitation of appeal rights by a party to a representation election. If you are currently the subject of an organizing effort the finalization of this rule could dramatically affect the timing of the election at your business and your rights in that process.

After the regulation is published we will report on the active sections of the regulation our client needs to be aware of.