As anticipated, the NLRB voted along party lines (2-1) to approve a Resolution to amend certain election procedures and expedite union representation elections. Chairman Mark Pearce and member Craig Becker voted in favor of the Resolution, while Brian Hayes, the NLRB's only Republican member, voted against it. The changes in the Resolution are drawn from a comprehensive overhaul of the election process proposed by the NLRB earlier this summer. The text of the Chairman’s resolution is here, and the Chairman's explanation of the amendments can be found here. This vote does not implement "quickie" elections, but it clears the way for the Board to develop and publish the final rule for an expedited election process at a later date.
Member Hayes did not resign from the Board to prevent the vote on the Resolution. During prepared remarks during the meeting, Member Hayes said that his resignation would damage the Board's reputation of the in the same manner that the majority's decision to move toward expedited elections has damaged the Board's reputation as an objective and unbiased government agency.
The changes to election procedures proposed in the Resolution are not employer-friendly and are designed to assist unions in organizing employees. But the changes in the Resolution are far less drastic than the rule proposed by the Board earlier this year.
We will continue to monitor the expedited election rule as it winds its way through the administrative process at the Board.
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