Earlier this summer, the National Labor Relations Board (“NLRB”) released proposed amendments to its regulations that could significantly change the process for voting for or against unions. Click here for the proposed rules.  The most troubling aspect of the proposed rules restricts the time non-union employers have to respond to organization efforts.

Under the NLRB’s proposed rule, the time between when a petition is filed and when the election takes place could be reduced from an average of 38 days to fewer than 10 days. Obviously, this would significantly impact an employer’s ability to educate its employees about union representation. Associated Builders and Contractors, Inc. (“ABC”) has harshly criticized the proposed rule. Click here for ABC’s comment.

The lone Republican on the NLRB has also dissented from the proposed rule change. In his dissent, he notes that the proposed rule “tilts heavily against employer’s rights to engage in legitimate free speech and to petition the government for redress.” He also noted that the current representation election process is already operating soundly and provides timely and fair resolution in the vast majority of elections.

If this new rule is adopted, the time for educating your employees will not be when you hear of an election. Instead, the time to educate your employees is now.

If you would like to discuss how best to educate your employees about the disadvantages of unions, please give me a call.