NLRB Votes to Speed Up Election Process

As expected, yesterday, the National Labor Relations Board ("NLRB") held a special meeting to discuss and to vote on Chairman Mark Gaston Pearce's resolution to amend certain election procedures "in order to reduce unnecessary litigation" in disputed election cases. Over the objections of Member Brian Hayes, Chairman Pearce and Member Craig Becker voted to go forward with Chairman Pearce's resolution.

Prior to the meeting, there was much speculation that Member Hayes might resign from the NLRB in order to stop the majority from voting to proceed. This speculation was based on the fact that the NLRB needed three members in order to proceed to a vote and that Member Hayes had publically opposed changing the election rules in the manner proposed by Chairman Pearce and Member Becker. Obviously, the speculation was inaccurate.

Rules incorporating the changes contained in the resolution must still be drafted and voted on by the NLRB members. Although a date for the vote has not been set, it must be assumed that it will take place before the expiration of Member Becker's term at the end of this year. We will continue monitor happenings at the NLRB regarding this rulemaking initiative.

Although not relevant to the rulemaking proceeding, it is noteworthy that the Boeing Company and the International Association of Machinists announced a tentative agreement intended to resolve the much publicized dispute regarding the relocation of some work from its unionized plant in Washington to a non-union plant in South Carolina.

By: Jeffrey A. Berman and Jack Toner

Jeffrey A. Berman is a partner in Seyfarth's Los Angeles office and Jack Toner is senior counsel in the firm's D.C. office. If you would like further information, please contact your Seyfarth Shaw LLP attorney, Jeffrey A. Berman at jberman@seyfarth.com, or Jack Toner at jtoner@seyfarth.com.