NLRB to Resume Holding Elections, Provides Rulemaking Updates

April 03, 2020

The National Labor Relations Board announced that it would resume conducting representation elections beginning April 3, 2020.  The Board had previously announced on March 19 that it was suspending all Board-held elections through April 3.

NLRB Chairman John Ring stated:  "Conducting representation elections is core to the NLRB's mission, and ensuring elections are carried out safely and effectively is one of our primary responsibilities.  Two weeks ago, when the Board made the difficult decision to suspend elections, the developing situation made it impossible to ensure the safety of our employees or the public...The General Counsel has now advised that appropriate measures are available to permit elections to resume in a safe and effective manner."

Meanwhile, the Board released its final rule on changes to union case procedures, with changes effective June 1, 2020.  The Board also announced that it was delaying implementation of a separate final rule, issued in December 2019, that contained further changes to representation case procedures. The final rule was set to become effective April 16, 2020 and is now being pushed back to May, as a lawsuit seeking to block the changes, filed by the AFL-CIO, is currently pending in the Court of Appeals for the D.C. Circuit.