The National Labor Relations Board has adopted a final rule amending its representation–case procedures. The rule will be published in the Federal Register on December 15, and will take effect on April 14, 2015. The final rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.
Chairman Pearce said of the new rule, “I am heartened that the Board has chosen to enact amendments that will modernize the representation case process and fulfill the promise of the National Labor Relations Act. Simplifying and streamlining the process will result in improvements for all parties. With these changes, the Board strives to ensure that its representation process remains a model of fairness and efficiency for all.”
The final rule likely is identical to the proposed rule which was published in the Federal Register on February 6, 2014 and discussed here. A detailed analysis of the final rule and its implications will be forthcoming.