NLRB Reinstates "Ambush Election" Rules

The National Labor Relations Board has issued a Final Rule restoring the rapid union representation procedures that were adopted during the Obama administration in 2014 and substantially revised during the Trump administration. The 2014 election procedures -- often referred to as "quickie" or "ambush" election rules -- greatly accelerated the process of scheduling a union representation election. Among other changes, the new Final Rule reduces the time to a pre-election hearing by 10 days, requires an employer's response and posting of an notice to employees within 3 days, and restricts the pre-election hearing to only issues necessary to determine whether an election should be conducted. Important questions such as the eligibility of voters and the employees included in the bargaining unit must be determined after the election is held. The prior 20 day waiting period between the decision and direction of election and the actual election is eliminated, with the election to be held "as soon as practicable."

The Final Rule reinstates procedures that some viewed as handicapping employers in response to union organizing drives and encouraging unions to ambush the employer with representation election demands. The Final Rule takes effect on December 26, 2023.  A copy of the NLRB's Fact Sheet outlining the provisions of the Final Rule is available at: https://www.nlrb.gov/sites/default/files/attachments/pages/node-9421/2023-r-case-rule-fact-sheet.pdf