The National Labor Relations Board (NLRB) issued the “Fair Choice-Employee Voice” final rule in July 2024. The final rule will take effect on September 30, 2024, and only apply to cases that are filed after the effective date.

The new rule will make three major changes to board regulation issued in 2020.

Blocking Charges during an election: If a union files an unfair labor charge while any type of election is pending, the election is held as scheduled, and the ballots are sealed and counted after a decision is issued that there was no violation. Under the new rule, the NLRB regional director’s authority to delay holding an election pending the outcome of an unfair labor charge is restored.

Elections after voluntary recognition: Employees have a 45-day period to file a petition challenging the company’s decision to voluntarily recognize a union. Under the new rule employees can only file a petition after a “reasonable time” when the company voluntarily recognizes a union. The board defines “reasonable time” as six months to a year.

Construction industry requirements: Employers may recognize construction industry unions without showing majority support among the workers. Employees could file a petition for an election if they believe there is no support for a union. Under the new rule, the majority support is removed and allows the employer and the union to include language in the contract to establish recognition of the union. It also restored the six-month limitation period when voluntary recognition could be challenged.