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NLRB Changes Influencing Unionization

Beginning April 14, 2015 the NLRB has issued a new rule that shortened the time of a representation election from 40 days to 20 days. This rule also states that employers must provide the NLRB and the petitioning union with email address and phone numbers of all employees that are looking to join the union. This rule is crucial to the impact of an increase in union membership because it gives employers less time to present their side to employees. Employees are then easily persuaded by the union’s promises, which may or may not fall through in negotiations. Not only has the NLRB implemented this rule, but they have also recognized micro-bargaining units. An example of a micro bargaining unit would be the shoe department in a retail store. Instead of recognizing the whole store as one bargaining unit, it is recognizing the different departments. With micro-bargaining units, employers now have to worry about several different unions within their organization, which then can lead to different collective bargaining agreements.

What does this mean for your business?

Try to plan now for a possible increase in employees filing for an election. This can give you more time to present your side of the argument to your employees before they make their decision to officially join the union. Also, prepare for the possibility of micro- bargaining units and try to figure out what those units would be within your company. This can then help you with presenting your arguments because different departments may have different wants and needs.

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