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.