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NLRB's new "full consent election" agreement
March 04, 2005 by Ross Runkel at LawMemo
Parties to an NLRB election now have a third form of voluntary agreement that waives appeal to the Board and allows the Regional Director to make a final decision on all pre-election and post-election disputes. [press release]
The new Full Consent Election agreement is a welcome option. For those parties who want to avoid the time and expense of appeals to the Board, this option allows them waive a Board appeal to agree that the Regional Director will make all the decisions.
Effective March 1, 2005, new Section 102.62(c) provides:
"Where a petition has been duly filed, the employer and any individual or labor organizations representing a substantial number of the employees involved may, with the approval of the Regional Director, enter into an agreement providing for a hearing pursuant to sections 102.63, 102.64, 102.65, 102.66 and 102.67 to resolve any issue necessary to resolve the question concerning representation. Upon the conclusion of such a hearing, the Regional Director shall issue a Decision. The rulings and determinations by the Regional Director thereunder shall be final, with the same force and effect, in that case, as if issued by the Board. Any election ordered by the Regional Director shall be conducted under the direction and supervision of the Regional Director. The method of conducting such consent election shall be consistent with the method followed by the Regional Director in conducting elections pursuant to sections 102.69 and 102.70, except that the rulings and determinations by the Regional Director of the results thereof shall be final, and the Regional Director shall issue to the parties a certification of the results of the election, including certifications of representative where appropriate, with the same force and effect, in that case, as if issued by the Board, provided further that rulings or determinations by the Regional Director in respect to any amendment of such certification shall also be final."
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