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ABC Opposes New NLRB Representation Case Procedures Proposed Rule

November 20, 2022

On Nov. 3, the National Labor Relations Board issued a new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which would “better protect employees’ statutory right of free choice on questions concerning representation.”

According to the NLRB, the proposed rule has three parts, each rescinding specific parts of the 2020 rule, including:

• Bringing back the “blocking charge” policy, which halts union representation or decertification elections if the union alleges the employer committed unfair labor practices until those charges are resolved;
• Eliminating the 45-day window that allows workers to challenge union representation via a secret ballot election if the employer voluntarily recognizes the union based on signed authorization cards; and
• Rescinding amendments that required unions in the construction industry to maintain proof of majority support if they want an exclusive collective bargaining relationship that is resistant to challenge.

In issuing the proposal, NLRB Chair Lauren McFerran said, “The Board believes, subject to comments, that these proposed 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.”

The Republican board members, Marvin E. Kaplan and John F. Ring, dissented.

ABC will be filing comments opposing the proposed rule. Comments are due Jan. 3, 2023.

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