NLRB Seeks to Withdraw Election Protection Rule 

The National Labor Relations Board (NLRB) last week proposed rescinding the Trump-era Election Protection Rule. The proposal, titled Rulemaking on Fair Choice and Employee Voice, would specifically reverse the main elements of the Election Protection Rule, which include:

1 - Allowing representation elections to proceed despite pending unfair labor practice charges alleging coercive conduct that would interfere with employee free choice and require a re-run election;

2 - Allowing challenges to the representative status of a union that has been voluntarily recognized based on a showing of majority support among employees before there has been a reasonable period for collective bargaining; and

3 - Permitting election challenges to the long settled representative status of unions representing construction industry employees, despite undisputed evidence of the union’s majority support in detailed language in a collective-bargaining agreement, making clear that the employer voluntarily recognized the union based on a showing of majority support.

NLRB Chairwoman Lauren McFerran stated that the Board believes the changes “will better protect workers’ ability to make a free choice regarding union representation, promote stability in labor relations, and more effectively encourage collective bargaining.”

NRMCA, as a supporter of the NLRB’s Election Protection Rule, opposes this latest proposal and will be working closely with its coalition partners and other stakeholders to uphold the current rule. Comments will be accepted on the proposal until January 3, 2023.

Click here to review the NLRB press release on the proposal and here to review the Federal Register notice. proposal. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.