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Rule Changes in Representation Cases - Effective May 31, 2020

Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

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.