L. Brent Garrett's article "10 Ways to Get Burned Under the New NLRB Election Rules" was featured in Inside Counsel on April 15, 2015.
The National Labor Relations Board's (NLRB) new election rules require employers to navigate a procedural gauntlet between the representation petition and the election. In addition to expediting the process, the new rules impose a vast array of new burdens on employers, including a new Notice of Petition, electronic posting, assorted pre-hearing disclosures and a significantly expanded voter (Excelsior) list.
In the article, Brent discusses ten ways that employers can get burned under the new election procedures.
The union's petition gets stuck in a spam filter The employer fails to post the "Notice of Petition of Election" within two business days Pre-existing scheduling conflicts for key witnesses Failing to serve the Statement of Position by noon the business day...