Quicker, If Not "Quickie" Elections

Earlier today, National Labor Relations Board ("NLRB") Chairman Mark Pearce issued a resolution to amend the June 22, 2011 proposed amendments to the NLRB's rules regarding the processing of representation cases.

The amendments which are expected to be voted on tomorrow, November 30, at a special meeting of the NLRB, although not as severe as the originally proposed rules, are nevertheless very problematic.

The amended rules would do the following:

1. Provide an NLRB hearing officer with the ability to limit the evidence that could be introduced at a representation case hearing.
2. Provide the hearing officer with the authority to deny a party the right to file a brief.
3. Eliminate a party's right to have the NLRB review a decision by a regional director to direct an election.
4. Eliminate current language that requires an election to be conducted within 25-30 days, thereby permitting elections to be held before the 25-day period.
5. Eliminate a party's right to have the NLRB review any decisions by a regional director or an administrative law judge regarding post-election disputes.

The resolution and an explanation of the proposed amendments can be found on the NLRB's website. The rules that remain from the originally proposed notice of rulemaking are still before the NLRB and may be addressed by the NLRB at a future date.

By: Jeffrey Berman and Jack Toner

Jeffrey 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 Berman at jberman@seyfarth.com, or Jack Toner at jtoner@seyfarth.com.