NLRB Finalizes So-Called "Quickie Elections" Rule Facilitating Union Representation

On December 20, 2011, the National Labor Relations Board (the NLRB, or "Board") promulgated a final version of the so-called "quickie" or "ambush" elections rule, which modifies the union representation election process in several important respects. Under the new quickie elections rule, representation elections will occur more quickly, and employers will have fewer opportunities to challenge problems with the election process. The rule is scheduled to take effect on April 30, 2012. The Board asserts that the quickie elections rule is "intended to eliminate unnecessary litigation, delay, and duplicative regulations." However, opponents of the rule, including NLRB Member Brian Hayes, have suggested that the rule is a partisan rule, merely intended to speed up the union election process, while limiting employers' ability to participate in that process.

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