- Precluded employees from knowing, before votes are cast in the election, which of their co-workers they will ultimately be grouped with for collective bargaining purposes;
- Stifled full and robust debate among employees on whether to be represented by a union by imposing unreasonably expedited schedules; and
- Limited employees’ ability to know and identify who their statutory representatives are before the election by eliminating almost all pre-election representation hearings.
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Authors: D. Mark Wilson
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HR Policy Association and other trade groups urged the National Labor Relations Board to reverse an Obama-era rule, reasoning it undermines employers' statutorily-protected rights, unnecessarily strains resources of all stakeholders (including the Board), and results in post-election uncertainties and litigation. Although the amended election rules, which took effect in 2015, have sped up union elections by about two weeks, the comments note the rule also has:
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