Rule Changes in Representation Cases - Effective May 31, 2020

On May 31, 2020 the National Labor Relations Board  implemented in full the following rule changes :

• Scheduling the hearing at least 14 days from issuance of the notice of hearing;
• Posting the notice of election within 5 days instead of 2 days;
• Changes in timeline for serving the non-petitioning party’s statement of position;
• Requiring petitioner to serve a responsive statement of position;
• Reinstatement of Post-Hearing Briefs;
• Reinstating Regional Director discretion on the timing of a notice of election after the direction of an election;
• Ballot impoundment procedures when a request for review is pending;
• Prohibition on bifurcated requests for review;
• Certain changes in formatting for pleadings and other documents; and
• Terminology changes and defining days as “business” days. 

The General Counsel has issued a guidance memorandum regarding implementation of the rule. GC 20-07.  

The remaining five provisions of the December 2019 amendments, are under review per a recent U.S. District Court order.  These are:

• Reinstitution of pre-election hearings for litigating eligibility issues;
• Timing of the date of election;
• Voter list timing;
• Election observer eligibility; and
• Timing of Regional Director certification of representatives.