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Monday, July 18, 2011

Board proposes rules to reform pre- and post-election representation case procedures | NLRB

Board proposes rules to reform pre- and post-election representation case procedures | NLRB: "If finally adopted after a public notice-and-comment process, the proposed amendments would:

Allow for electronic filing of election petitions and other documents.

Ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process.

Standardize timeframes for parties to resolve or litigate issues before and after elections.

Require parties to identify issues and describe evidence soon after an election petition is filed to facilitate resolution and eliminate unnecessary litigation.

Defer litigation of most voter eligibility issues until after the election.

Require employers to provide a final voter list in electronic form soon after the scheduling of an election, including voters’ telephone numbers and email addresses when available.

Consolidate all election-related appeals to the Board into a single post-election appeals process and thereby eliminate delay in holding elections currently attributable to the possibility of pre-election appeals.

Make Board review of post-election decisions discretionary rather than mandatory."