NLRB election rule comment period extended – again

The new date for filing comments relating to the NLRB's 2014 Election Rule is April 18, 2018 – extended from March 19, which was an extension from February 12. [Go here to comment.]

This election rule has been controversial to say the least. Employers dubbed it the "ambush rule" or "quickie election rule," arguing that it gives unfair advantage to unions – especially by speeding up the election process. Unions have been happy with the rule, arguing that it eliminates unnecessary complications and delays.

The Board's "Request for Information" has three questions:

1. Should the 2014 Election Rule be retained without change?

2. Should the 2014 Election Rule be retained with modifications? If so, what should be modified?

3. Should the 2014 Election Rule be rescinded? If so, should the Board revert to the Representation Election Regulations that were in effect prior to the 2014 Election Rule’s adoption, or should the Board make changes to the prior Representation Election Regulations? If the Board should make changes to the prior Representation Election Regulations, what should be changed?

This is all very interesting, but the handwriting is on the wall. The Board is now deadlocked 2-2 between Republicans (who want a change) and Democrats (who like the 2014 rule). The President has nominated management-side lawyer John Ring to fill the fifth seat, and his Senate confirmation appears to be imminent. So once he is in place, the majority Republicans will surely roll back the 2014 rule.