New Ambush Elections Procedures Take Effect

Require businesses to give unions employee contact information

NLRB General Counsel Richard F. Griffin, Jr., issued a guidance memo on modifications to the representation case procedures that took effect on April 14th. Specifically, the memo fully outlines how new representation cases will be processed from petition filing through certification.

The procedures, which represent a new version of what has been called the “ambush election rule,” will make it easier for unions to organize in workplaces and harder for businesses to address organizing efforts.

Among other things, the rule requires that employee contact information (personal telephone numbers and email addresses) be included in voter lists, to the extent that information is available to the employer.

Neither the final rule nor Griffin’s memo establishes new time frames for conducting elections or issuing decisions. In addition, all cases filed prior to April 14th will be processed under the NLRB’s existing rules.

Here are commentaries on the new rule from two law firms that focus on management’s concerns when it comes to labor relations, including suggested steps to prepare for the new NLRB procedures: Jackson Lewis and Littler.