New Representation Case Procedures
The time in which representation case transcripts are delivered to the Regions has not changed. Generally, those transcripts must be delivered within three calendar days after the hearing closes.
Is it possible that an election could be held the day the election eligibility (Excelsior) list is due?
In an election directed by the regional director after a hearing, can the notice of election be posted during the time when the employer is preparing the election eligibility (Excelsior) list?
Yes, that is possible. Board agents are encouraged to discuss election arrangements with the parties at the earliest possible time. We will send out the election notices as soon as the parties agree on the election arrangements or, if no agreement is reached, when the regional director determines it is appropriate to do so. We will encourage the parties to post and distribute the election notices upon receipt.
The revised rules affect the processing of RD, RD, and RM petitions. An RC petition is filed by a labor organization seeking to represent employees. An RD petition is filed by a person seeking to decertify a current bargaining representative. An RM petition is filed by an employer seeking to determine if a labor organization should be recognized as the representative of its employees.
A printable version of these FAQs with all answers expanded is available here.
On what basis will the request for a postponement of the pre-election hearing be granted or denied, and for what length of time?
Is a pre-election hearing required under Section 9(c) in all cases regardless of whether material facts are in dispute?
A pre-election hearing is required in all cases where the parties have not entered into an election agreement, but a full scale “evidentiary hearing” is not required in every case, only “an appropriate hearing.” There may be times when there are no disputes which must be resolved and, therefore, an appropriate hearing does not require the introduction of extensive evidence.
If you decline to take a position on a presumptively appropriate unit, you may be precluded from presenting evidence relevant to the determination of an appropriate unit. If the unit is not presumptively appropriate, the record will have to contain sufficient evidence to establish whether the petitioned unit is appropriate.