NLRB Issues "Ambush Election" Rules

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long-anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April 14, 2015. The most significant impact of the new rules is that most union representation elections will be held in a range from 10 to 21 days after a petition has been filed, significantly reducing the amount of time an employer has campaign against union representation. Additionally, most disputes over voter eligibility and bargaining unit inclusion/exclusion will be resolved after the election. Unless the issue involves employees that constitute 20 percent of the bargaining unit, those voter eligibility disputes will be resolved after the election takes place.