On July 26, 2024, the National Labor Relations Board (“NLRB”) issued a final rule—The Fair Choice-Employee Voice Final Rule, that rescinds and replaces several amendments the NLRB made in April 2020.
Specifically, the final rule makes three significant changes which are detailed more fully below: (1) it restores the NLRB’s previous “blocking charge” policy; (2) it reinstates a six-month minimum voluntary recognition bar during which time a voluntarily recognized union’s status as majority representative cannot be challenged; and (3) returns to the NLRB’s approach to voluntary recognition in the construction industry.
Blocking Charge Policy:
The final rule reinstates the prior policy giving the regional director authority to delay the processing of an election petition if an unfair labor practice charge has been filed and there are allegations of an unfair labor practice that could interfere with employee free choice. This would allow unions to cause a delay in a pending election by filing an unfair labor practice charge.
Voluntary Recognition Bar:
In addition, the final rule removes the 2020 rule’s requirement that when an employer chooses to voluntarily recognize a union that represents a majority of its workers, the parties provide for a mandatory 45-day period to allow the opportunity for a minority of workers to demand an election questioning that choice. The rule also restores the “voluntary recognition bar,” respecting the bargaining relationship that the parties have voluntarily chosen. The “voluntary recognition bar,” prevents an employer that has voluntarily recognized a union from withdrawing that recognition, as well as barring employees from petitioning for decertification for a period “no less than six months, but no more than one year” from the date of recognition.
Construction Industry Bargaining Relationships:
Finally, the final rule restores a six-month bar to an election petition challenging a construction employer’s voluntary recognition of a union. Further, the final rule reverts to the standard that permits voluntary recognition in the construction industry through no more than language in a collective bargaining agreement giving voluntary recognition on the union.
According to the NLRB, the rule grants parity between unions in the construction industry and other unions. Because of the transitory nature of work in the construction industry, construction-worker unions that are recognized under Section 8(f) of the National Labor Relations Act do not have the same protections as non-construction unions. The new rule allows construction-worker unions to more readily establish the same protections as other unions, providing a more stable foundation for collective bargaining.
The effective date of the new rule is September 30th, and the rule will only be applied to cases filed after the effective date. Should you have any questions, please contact Ali Law Group.
HRtelligence was created by the team at Ali Law Group, LLC. Should you have any questions or need assistance, please contact Ali Law Group.
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