The new election rules adopted by the National Labor Relations Board (NLRB) went into effect on April 14, 2015, and will apply to all requests for elections filed after that date.

The new rules significantly speed up the scheduling of an election when a union files a petition seeking to represent a group of employees.  Many commentators expect that the new rules will result in more union election victories because employers will not have as much time to mount an effective countercampaign before the election is held. 

The rules also impose new requirements on employers.  Among other things, in response to a union election petition, an employer will be required to (1) immediately furnish detailed information about the employees in the grouping sought by the union and (2) promptly articulate objections to the proposed grouping of employees and raise issues about voter eligibility.  If the employer fails to do so, it will be precluded from contesting the appropriateness of the employee grouping sought by the union and the eligibility of the voters in question.

Employers who may be subject to union organizing drives will want to be familiar with these new rules.

© 2015 Perkins Coie LLP