NLRB representation case amendments take effect today

Today, amendments to the NLRB representation case process take effect. The changes affect pre- and post-election procedures in the relatively few elections - about 10% - in which parties don’t agree on issues such as the appropriateness of the voting unit. Adopted through a public rulemaking process, they are intended to reduce unnecessary litigation.

For a flow chart showing the new representation case process, click here. A chart of the former process is available here. Click here for Frequently Asked Questions prepared by the Office of the General Counsel.

In recognition of the implementation of the new rule, NLRB Chairman Mark Gaston Pearce issued the following statement:

“The modest and sensible changes taking effect today will provide efficiency and savings to all parties involved in the election process. I am pleased that these changes were supported by a bipartisan majority in Congress last week, and I am grateful for the thought and energy that the Acting General Counsel’s office and the Board’s field staff have put into the implementation effort.

"We will continue to examine our existing rules in order to ensure that the NLRB secret ballot election process is as fair and efficient as possible.”