The NLRB’s New Election Rules

Littler Mendelson attorneys Tanja L. Thompson and Mark Schneider looked at the NLRB’s election rules, now more than a year old, and what they mean for employers. Though there is some debate as to whether organized labor has really organized and significantly increased its win rate under the new rules, elections are occurring much more quickly. In many cases, it’s taking three weeks or less from petition to election. “Across the country and across industry lines,” they write, “unions have demonstrated the greatest success where companies have been ill-prepared for organizing and/or were surprised by a petition. In our work with employers, we stress that running an effective counter-organizing campaign requires advance planning and high levels of coordination.”