California Labor &
Employment Law Blog
Apr 14, 2015

Quickie Election Procedures and Timeline Takes Effect Today

Topics: Union-Management Relations

This is just a quick reminder that effective today all NLRB elections will be conducted under the new election rules.  These rules call for substantially shorter election periods (from the time of the election petition until the actual voting), electronic notice provisions, union rights to employee email addresses and other contact information, and many other changes.  The NLRB has published a good summary of the new rules in their fact sheet which can be accessed here.

Given these new rules, if your organization is worried about union activity or organization, you must act immediately upon notice of any organizing activity to make sure you have sufficient time to react and present your views and position to your employees.  With elections now proceeding on 3 week time frames (from petition to voting) and with a significant amount of work to be done with the NLRB during that time, waiting until an election petition is received will no longer be an effective strategy.

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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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