The NLRB published a final rule on the election process late last year. In doing so, however, the final rule left out a number of changes to the election process that were originally proposed in June 2011. For example, there were proposed changes to the requirements to provide lists of employee names and contact information after an election petition is filed, the timing of providing that list, and other issues. As previously explained, the NLRB announced last month that it would keep these additional changes to the election rules under consideration for possible future action.
In an interview published by the Associated Press yesterday, NLRB Chairman Pearce (D) confirmed his intention to continue pushing forward with these additional regulatory proposals. "We keep our eye on the prize," the AP quotes Chairman Pearce as saying. "Our goal is to create a set of rules that eliminate a lot of waste of time, energy and money for the taxpayers." Chairman Pearce announced his hope that the NLRB will propose the rules "soon," according to the AP.
For the labor professional, this most recent development confirms that there is likely more rulemaking yet to come on the so-called "ambush election" or "quickie election" rule. This announcement does not, however, alter the currently announced effective date for the final rule published last month on the election process. It is still scheduled to become effective on April 30, 2012.