NLRB Issues Ambush Election Rule, Changes Rules on E-mail

Earlier this week, the National Labor Relations Board (NLRB) published its long-anticipated Final Rule on "quickie elections." The Final Rule, which goes into effect on April 14, 2015, significantly tilts the NLRB's election procedures in favor of unions. Under the Final Rule, it will be easier for unions to organize unrepresented employees because a shorter period of time between a union's filing of a representation petition and the holding of an election makes it harder for employers to present their arguments against union representation. The NLRB’s Fact Sheet is here, Littler’s Fact Sheet is here.

Last week, the NLRB released its decision in Purple Communications in which it decided that Section 7 of the National Labor Relations Act requires employers, except in very limited circumstances, to open their corporate e-mail systems to union organizing by employees and to group discussions among employees about the terms and conditions of employment during non-work time. Because Section 7 applies to all employers, not just unionized ones, the Board's decision affects almost every U.S. employer that provides a corporate e-mail system (Littler’s Fact Sheet on this issue is here).