Hogan Lovells Publications | Employment Alert | 06 February 2014

NLRB Re-proposes Full Version of So-called "Ambush Election" Rules

On February 5, 2014, the National Labor Relations Board (NLRB or Board) voted 3-2 to reissue a notice of proposed rulemaking to amend its representation election procedures. This proposal, identical to the proposal made by the Board in June 2011, would speed up the union election process, while limiting employers' ability to participate in the process. If the rules are finally approved and promulgated, they may take effect as soon as this year. Therefore, employers must prepare now for faster elections with fewer procedural protections. Indeed, it is predicted that this proposal could shorten the time between the filing of a petition with the NLRB and an election from the 2013 median of 38 days to a mere 25 days.

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