Today, EPI’s Director of Labor Law and Policy Celine McNicholas submitted comments to the National Labor Relations Board (NLRB) supporting the Board’s Election Rule, which was put into effect in 2015. The Election Rule simplified representation-case procedures, increased transparency in union elections and uniformity across NLRB regions, eliminated unnecessary litigation, and modernized rules for document submission and communication to utilize modern technology.

McNicholas argues that the Election Rule streamlined the election process to allow employees to vote on union representation in a timely manner. Under the old rule, parties had to wait a median of 38 days between the time when a petition was filed and an election was held, but under the new rule, the median wait time is only 23 days—thus shortening the time in which working people can be subjected to an employer’s anti-union campaign or be subject to intimidation or retaliation. The Department of Labor (DOL) has found that approximately 71 to 87 percent of employers hire union-avoidance consultants to manage counter-organizing campaigns.

“The NLRB’s election system is working well under the Election Rule and should not be overturned,” said McNicholas. “This attack on working people is unfortunately nothing new. It comes from the same corporate playbook that has worked to push anti-union legislation across the country.”

The rule was the result of a three-and-a-half year process, including considerations of tens of thousands of comments, and four days of hearings with live questioning by the Board members. The rule became effective April 14, 2015 and has applied to all representation cases filed since. McNicholas notes that the courts have upheld the rule when challenged.