With the implementation of the National Labor Relations Board's "Quickie Election" rule, the period between filing a representation petition and the scheduling of a union election has been significantly reduced.  The NLRB Regional Director will generally set a pre-election hearing eight days after a petition is filed and the hearing notice is served, and a post-election hearing 14 days after the filing of objections.  A requirement that parties wait until after a representation election is held to file a request for review of pre-election hearing decisions significantly challenges an employer's ability to communicate with employees regarding whether or not to form a union prior to the election.

 

In light of this compressed schedule, companies must be vigilant in addressing issues to minimize the risk of facing an organizing campaign.  This month, we recommend that employers take time to complete HEC's Employer Vulnerability Audit, which is intended to assist management in identifying potential areas which may make the company vulnerable to union organizing.  While completion of the audit does not guarantee that an organization will be union free or avoid a union organizing campaign, it will provide information useful to developing your organization's plans for addressing these issues.