NLRB ‘Quickie Election Rule’

By Stephanie Barnes, FMI Regulatory Counsel

Food retailers are experiencing a climate where union election win rates are at new highs, suggested Glenn Smith, Esq., Office Managing Shareholder, Littler, in an FMI webinar on the National Labor Relations Board’s (NLRB) ‘quickie election’ rule that goes into effect on April 14, 2015. The new NLRB rule also allows for broader, less direct tactics for how unions can alert food retailers to a union election, giving them just 48 hours to respond.

The employer community has requested a stay of this ambush election rule pending two court cases, which has yet to be granted, so food retailers must be prepared when the rule goes into effect this week. The FMI webinar urged companies to evaluate how they will approach a petition filed by a union.  FMI has raised the concerns with the regulation since a similar rulemaking was first issued in 2011.  FMI also supported recent legislative efforts to nullify the rule that passed both chambers of Congress but were blocked by President Obama.

It’s important to note two major changes for food retailers:

1. The petition can now be sent electronically, likely via email. Unsuspecting employers could receive an email service of a petition and not read their email timely and/or simply not post the Notice of Petition in time; and
2. Food retailers have two days to post a new notice for petition of election.

The best ways for retailers to prepare for the April 14 deadline can be found via the presentation slides use the following link: Presentation Slides. The NLRB also has a fact sheet and a guidance memo from their general counsel that provides additional commentary on the new procedures.  For additional questions, please contact me at sbarnes@fmi.org.