National Labor Relations Board Replaces Trump-Era Union Elections Rule

The National Labor Relations Board (NLRB) has finalized a regulation that rolls back several Trump-era union elections rules. The new policies will make it more difficult for employers to decertify or challenge labor union claims of majority status. As legal experts at Littler explained, the new rule makes three key policy changes. It:

• Changes the blocking charge policy so that if a party to a labor union election files an unfair labor practice charge while an election petition is pending, an NLRB regional director (RD) may delay the election if the RD determines that the alleged conduct, if proven to be true, would interfere with employees’ exercise of free choice;
• Eliminates the 45-day window that had allowed employees to demand a secret ballot election if the employer voluntarily recognizes the labor union based on signed authorization cards; and
• Rescinds amendments that require labor unions in the construction industry to maintain proof of majority support if they want an exclusive collective bargaining relationship that is resistant to challenge.

The new rule was published in the Federal Register on Aug. 1, 2024 and will take effect 60 days later, on Sept. 30, 2024. As such, the final rule will apply to petitions filed after Sept. 30, 2024.

The Coalition for a Democratic Workplace, which the Metals Service Center Institute is a member of, quickly condemned the new regulation. “The Board’s final rule eliminates common sense measures that protect workers’ right to decide for themselves if they want union representation in the workplace,” said CDW Chair Kristen Swearingen. “The rule forces employees into unions they may not want and makes it more difficult for employees to decertify unions that no longer have support from the workforce. These policies undermine employee free choice, and Congress and/or the courts should move to nullify them.”

The National Right to Work Legal Defense Foundation also opposes the new rule. Read that organization’s statement here.

In related news, the CDW has filed an amicus brief before the U.S. District Court for the Southern District of Texas in a case that challenges the constitutionality of the NLRB’s structure. Read more at this link.