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About NLRB

About NLRB

National Labor Relations Board Rulemaking Archive

Below is information about a number of prior NLRB rulemaking proceedings.

The Standard for Determining Joint-Employer Status – NPRM published 9/7/2022

Proposal to revise the standard for determining joint-employer status under the National Labor Relations Act.

Voter List and Military Ballots Notice of Proposed Rulemaking - Notice of Proposed Rulemaking (NPRM) published 7/28/2020

Rulemaking to (1) protect voter privacy by eliminating the requirement that employers must, as part of the voter list requirement, provide personal email addresses and home and personal cell phone numbers of all eligible voters, and (2) ensure that voters serving in the Armed Forces can cast an absentee ballot in NLRB representation elections.

Election Protection Rule – Final Rule published 4/1/2020

Rulemaking to revise the representation election regulations located at 29 CFR part 103, with a specific focus on revisions to the Board’s current election bar policies, including blocking charges, voluntary recognition, and Section 9(a) of the National Labor Relations Act.

The Standard for Determining Joint-Employer Status – Final Rule published 2/26/2020

The National Labor Relations Board issued its final rule governing joint-employer status under the National Labor Relations Act on February 26, 2020.  The final rule restored the joint-employer standard that the Board applied for several decades prior to the 2015 decision in Browning-Ferris, to provide clear guidance in this significant area of the law.

Student Assistants – Notice of Proposed Rulemaking (NPRM) published 9/23/2019, withdrawn on 3/15/2021

Rulemaking to establish the standard for determining whether students who perform services at a private college or university in connection with their studies are “employees” within the meaning of Section 2(3) of the National Labor Relations Act (29 U.S.C. § 152(3)).

Representation Election Rules – Final Rule published 12/18/2019

Rulemaking to revise the representation election regulations located at 29 CFR part 102, with a specific focus on amendments to the Board’s representation case procedures adopted by the Board’s final rule published on December 15, 2014.

2014 amendments to NLRB election rules and regulations Fact Sheet