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NLRB Extends Comment Deadline for Representation-Case Procedures Proposed Rule

November 30, 2022

On Nov. 22, the ABC-led Coalition for a Democratic Workplace requested that the National Labor Relations Board issue a 30-day extension to the comment period for the board’s new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. On Nov. 29, the NLRB announced it is extending the comment deadline from Jan. 3 to Feb. 2, 2023. ABC will be filing comments opposing the proposed rule.

CDW asked the NLRB to provide the extension to ensure the regulated community has an opportunity to weigh in on the potential impact the proposed changes could have on business operations, the workforce and the economy generally. Businesses—and especially smaller entities—can now focus their resources and valuable time on the holiday season, with time to provide meaningful comments to the NLRB.

The NLRB proposed rule would address election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which was intended to “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.

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