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« DOL proposed rule on companionship & live-in workers | Main | Chamber v. NLRB seeks to enjoin new election rule »

NLRB adopts new election rule
December 21, 2011 by Ross Runkel at LawMemo

The NLRB has adopted its controversial new rule designed "to reduce unnecessary litigation and delays."

The rule will be published in the Federal Register on December 22, and is due to take effect on April 30, 2012.

[Press release]
[Rule text]

Main features:

1. Authorize hearing officers to limit the evidence introduced at the pre-election hearing to that relevant to a genuine issue of fact material to whether a question of representation exists. Currently, parties can challenge the scope of the unit and raise issues as to whether potential voters are supervisors or confidential employee. These issues would now be resolved after the election is held.

2. Eliminate the parties' right to file post-hearing briefs, giving hearing officers discretion to either allow or disallow them.

3. Eliminate parties’ right to seek Board review of regional director’s pre-election rulings while allowing parties to seek post-election review of all such rulings that have not been rendered moot by the election.

4. Eliminate the policy that the regional director normally will not schedule an election until a date 25 days after the direction of election in order to permit the Board to rule on any request for review.

5. make Board review of a regional director’s or judge’s disposition of post-election disputes discretionary after both stipulated and directed elections.

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