Since the NLRB's ambush rules were implemented on April 14, there has been a spike in union petitions and a dramatic reduction in time between the date of the petition and an election. Here are the numbers:
Union petitions prior to March 30: average of 42/week
Union petitions in week following April 14: 60
Union petitions in last week of April: 80
Based on a sample of 42 petitions by the labor research group Hunton & Williams, the average time between the date of a petition and election fell from 38 days to 23.3 days; 3 cases had elections in 13 days or less and 7 cases had elections in 19 days or less. No case had a time between petition and election that reached the prior average.
The message to those who want to remain union-free: you should have a rapid response plan in place now. An effective rapid response plan would include, at a minimum:
- training your supervisors not only on the basics but also on how to respond effectively to questions from employees about unions,
- achieving confidence that your supervisors are statutory supervisors,
- integrating your workforce to avoid micro-units,
- updating organizing control policies,
- bringing conduct rules into compliance with current Board law,
- creating procedures that will enable you to take favorable and provable positions within 6 1/2 days from the date of the petition, and
- putting the first two weeks of a campaign into the "can," recognizing that two weeks may be all you have.
Can you mount an effective union-free program within 24 hours of notice of union organizing? If not, you may be taking an unreasonable business risk.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
