Stipulated Election Agreement Nlrb

Briefings after the hearing. The right of the parties to submit a brief to the Regional Director after being heard before the elections has been restored and extended to post-election hearings. In accordance with the final rule, pleadings are due within five working days of the close of the hearing; However, hearings may rightly grant an extension of up to ten additional working days. The 2014 amendments had deprived the parties of the right to file briefs after the hearing, provided that they were only allowed with “the special permission of the Regional Director and within the time limits authorized by the Regional Director and on subjects.” Without that authorisation, the parties limited themselves to presenting their views orally at the end of the oral proceedings. It is legitimate for an employer to recognize a union without going through an election organized by the NBR, as long as the union has proof of the help of more than half of the workers in the bargaining unit. However, this proof cannot be valid if the employer has granted unlawful assistance to the union for the collection of these cards or if another union has launched a petition to represent these workers before the employer grants recognition. Notice of petition for election. Employers are required to publish and distribute the notice of application within five business days of notification of the hearing. The 2014 amendments required publication and distribution within two business days. The final rule states that this change is justified by the logistical difficulties encountered by many employers after receiving the communication, especially large or inter-local employers. Similarly, it may take some time for employers to publish the election petition announcement in “all locations where notifications to workers are generally published” and determine which employees should receive the notification electronically.

In addition, the final rule stated that “to the extent that failure to publish the petition in a timely manner may be a reason to cancel the election, making additional days available to the employer to meet this requirement will, I hope, minimize the occurrence of offensive non-compliance.” In 2014, the Obama-era National Labor Relations Board made more than two dozen changes to union election rules that effectively shortened the time between petition filing and election and limited the types of issues that could be resolved at a pre-election hearing. On December 13, 2019, the board of directors, now controlled by a Republican majority, announced a new rule that resonates with the 2014 changes. . .

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