Board Delays Implementation of Modifications to Representation Case Procedures

Washington D.C. – The National Labor Relations Board announces that, to facilitate the resolution of legal challenges, it is postponing the effective date of its final rule modifying the Agency’s Representation Case Procedures from April 16, 2020 to May 31, 2020. The notice will be published later in the week.

The Board published the final rule on December 13, 2019. The modifications contained in the final rule retain the essentials of the Agency’s existing representation rules but allow for a fairer and more-efficient election process.

The final rule includes clarifications to procedures prior to an election that better ensure the opportunity for litigation and resolution of unit scope and voter eligibility issues. The changes also permit parties additional time to comply with the various pre-election requirements instituted in 2014.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees and employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.