The National Labor Relations Board (NLRB) has reinstated a key tactic that allows unions to delay votes on dissolving bargaining units or elections they believe they might lose. This new rule reverses a 2020 measure introduced by the previous administration, which had prevented NLRB staff from postponing elections while cases of alleged illegal labor practices were under investigation.
Under the now-rescinded rule, elections would proceed, but ballots would remain sealed until the conclusion of any related legal proceedings. This method often hindered unions’ efforts to delay elections by filing so-called “blocking charges.” While employers could use blocking charges, they were predominantly a tool for unions.
NLRB Chair Lauren McFerran emphasized that the new rule restores “longstanding principles” to ensure a fair process for workers in choosing union representation. This rule will be officially published on August 1 and come into effect on September 30.
Critics of the Trump-era regulation argued it trapped workers in unions they did not want, while supporters claimed the previous data used to justify the rule was flawed. The board noted that the 2020 rule relied on inflated data and did not adequately distinguish between different types of election delays.
Major unions, including the AFL-CIO and North America’s Building Trades Unions, had pushed for the reversal of the 2020 rule, arguing it conflicted with federal labor law. The AFL-CIO even filed a lawsuit challenging the rule’s legitimacy, which was put on hold pending the new ruling.
The new rule also revokes a provision from the 2020 rule concerning employers’ voluntary recognition of unions. Previously, workers were unable to request a decertification election for two years following an employer’s recognition of a union. The rescinded rule had allowed for such petitions to be filed within 45 days prior to the union’s official recognition.
This decision marks another significant shift by the Biden-era NLRB, aiming to support union activities and worker rights, reversing several policies from the previous administration.
