New NLRB Union Election Rule Swings Pendulum Back in Employers’ Favor

The National Labor Relation Board’s final union election rule, published in mid-December 2019, moderates the “quickie election” rule the NLRB issued in 2015. The new rule provides 14 business days – up from eight calendar days previously – to hold a pre-election hearing after a union petition is filed. Employers also will have eight business days to file a response to a union petition. 

Quoted in a Law Week Colorado article about the change, which takes effect in April 2020, partner Todd Fredrickson said the ruling swings the pendulum back closer to what the rules were before the Obama administration, a tilting of the scales in employers’ favor. 

The article is available in Law Week Colorado’s December 23, 2019, print edition.