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Why should the Board focus on the small percentage of cases that are not resolved by agreement of the parties and isn’t this a backdoor way to speed up elections?

 

The Board’s focus was on reducing unnecessary litigation and needless delay, in the interest of better fulfilling its duty to expeditiously resolve questions concerning representation.  It emphasized that its revised rules are part of a historical and continuing process of improving the efficiency of representation processes and that each element of the final rule was intended to correct a specific and systemic problem that posed an obstacle to the prompt resolution of questions concerning representation.  In the Board’s view, these problems affected not only contested cases, but also those cases in which the parties entered into agreements, because the possibility of time consuming and unnecessary litigation could be used to gain strategic advantage in every case.   

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