The proposals subject to the 60-day consultation aim to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communication. In other words, the point is to reduce the delay between the time unions request a vote to establish themselves and the vote itself. To make elections easier, the NLRB encourages electronic communication for data the union needs in order to organize the elections (employees’ addresses, phone numbers and emails). The Agency also proposes reducing legal disputes before and during the vote. For instance, elections are often delayed for weeks because employers are objecting to an employee’s status. Indeed, if he is a simple employee he can vote, but if he is considered as a head of department, he can’t. Such litigation will now be examined after the vote. More generally speaking, the NLRB proposes reviewing cases where the elections can be put into question.
n delayed for weeks because employers are objecting to an employee’s status. Indeed, if he is a simple employee he can vote, but if he is considered as a head of department, he can’t. Such litigation will now be examined after the vote. More generally speaking, the NLRB proposes reviewing cases where the elections can be put into question.
Yet, unions and businesses reacted to this new procedure, quite technical, because it gives unions a slight advantage. Last year, the average time that pa
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