On December 21, 2011, the National Labor Relations Board (NLRB) announced new rules that will make it significantly easier for unions to win NLRB elections.

The new rules, which are scheduled to go into effect April 30, 2012, will have the effect of allowing elections to take place much quicker than they are today, within only a few weeks after a union asks for one.  This will give employers much less time to mount a campaign to try to convince employees to vote against union representation.

The new rules will also eliminate an employer's right to obtain a determination before the election about whether particular employees meet the definition of a supervisor under the labor laws.  Because supervisory status determines whether an employee is an agent of the employer, on the one hand, or a rank and file employee who can vote, on the other, not knowing whether a particular employee is a supervisor puts an employer at risk of inadvertently engaging in election misconduct.

These new rules, coupled with the new NLRB poster requirement currently scheduled to take effect at the end of January, make it even more vital for employers to assess their vulnerability to a union organizing drive and to take sound preventive steps to avoid one.

Early next month, we'll discuss the new rules in more detail and the steps employers can take to be in the best possible position to effectively resist a union organizing drive.

© 2011 Perkins Coie LLP