NLRB Shifts Again on Election Rules to Support Unionization

Abstract

In an action politically split between its Democrat and Republican members, the National Labor Relations Board (NLRB) recently issued a regulation, self-described as the “Fair Choice-Employee Voice Final Rule” that will likely shift the organizing landscape toward union interests. The most significant effect of the rule on union-free employers is the reintroduction of the labor board's “blocking charge” policy, which permits a Regional Director to delay any election if alleged unfair labor practices might be potentially interfering with employee free choice in that election.