Today, the NLRB announced that it will delay its new election rule. This follows on the heels of the NLRB’s decision last week to delay election proceedings generally due to the Covid-19 situation.
As readers of this blog know, the NLRB published its final election rule in December last year. The rule’s net effect was to substantially alter the so-called “quickie” or “ambush” election rule adopted by the Obama NLRB in 2014. The new rule extended various deadlines in a union election to provide for more time for the parties to take certain actions required to process an election petition.
In announcing the delay, the NLRB explained that it was doing so to “facilitate the resolution of legal challenges” to the rule. The AFL-CIO has filed a lawsuit in federal court in Washington, D.C. contesting the rule. The rule is now set to go into effect on May 31, rather than April 16, 2020.