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NLRB Issues Final Ambush Election Rule

Wednesday, December 17, 2014

(American Meat Institute)

The National Labor Relations Board (NLRB)has issued its final ambush election rule which updates procedures for resolving collective bargaining disputes. The final rule includes provisions requiring a pre-election hearing within eight days of receipt of the election petition and requires the employer to submit a "Statement of Position" within seven days of receipt of the election petition. An employer that fails to raise a particular issue in its filing will be precluded from presenting evidence on the issue or cross-examining a witness on the issue at the representation hearing. The rule also limits the issues and evidence that can be presented at a pre-election hearing; eliminates the employer's ability to appeal pre-election decisions of the Regional Director and eliminates the current 25-day "grace period between the end of the hearing and the election. Upon receiving the direction of election, employers will then only have two days in which to assemble, create and submit a final voter eligibility list (i.e., Excelsior list), and must include employee addresses, telephone numbers and, where available, e-mail addresses of employees, in the voter list that will be turned over to union officials. The U.S. Chamber of Commerce successfully challenged the first iteration of this rule and is currently evaluating the new version.

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