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The NLRB reopened from shutdown status on November 13, 2025. Due dates to file or serve most documents were tolled during the period of the shutdown, although due dates cannot be tolled for filing and service of unfair labor practice charges, applications for awards of fees and other expenses under the Equal Access to Justice Act, and certain representation petitions. For documents where tolling applies, the terms are that for each day on which the Agency’s offices were closed for all or any portion of the day, one day is added to the time for filing or service of the document. If the new due date falls on a weekend or holiday, the new due date will be moved to the next business day. For example, if the original due date was October 7, 2025 and the shutdown lasted 43 days, the revised due date is November 19, 2025. See chart for revised due dates.

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Annual Review of Revised R-Case Rules

Office of Public Affairs

202-273-1991

publicinfo@nlrb.gov

www.nlrb.gov

April 20, 2016

On April 14, 2016, the National Labor Relations Board marked one year since the implementation of its revised rules governing representation-case procedures, which became effective April 14, 2015. These rules were designed to remove unnecessary barriers to the fair and expeditious resolution of representation cases, simplify representation-case procedures, codify best practices, and make them more transparent and uniform across regions.  Addressing discrete, specifically identified problems, the Board’s updated representation case rules sought to streamline Board processes, increase transparency and uniformity across regions, eliminate or reduce unnecessary litigation, duplication, and delay, and modernize the Board’s rules on documents and communications in light of current communications technology.
The following tables represent a side-by-side comparison of representation case filings, processing, and results under the first year of the new rules, as compared with the same period one year prior.
 

Petitions Filed:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Total Petitions Filed:

2674

2792

RC: 

2144

2141

RD: 

337

436

RM: 

49

56

UC: 

78

79

 
 

Median Days between Petition Filing and:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Pre-Election Hearing:

10

14

Election Agreement:

8

11

Election:

24

38

With Election Agreement:  

23

38

With Directed Election:  

34

64

Certification:

35

50

 
 

Median Days between Petition Filing and:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Election by Case Type:

 

 

RC Petitions: 

23

38

RD Petitions: 

25

37

RM Petitions: 

26

38

 
 

Election Results:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Union Win Rate in Case
with Certified Results:

65%

66%

RC Petitions: 

70%

71%

RD Petitions: 

41%

40%

RM Petitions: 

29%

39%

 
 

Other Statistical Highlights:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Election Agreement Rate:

92%

92%

Petitions Blocked by 
Unfair Labor Practice Charges:

107

194

 
Note: The figures above represent data pulled during the week of April 18, 2016.