The National Labor Relations Board (“Board”) has proposed a new rule that would significantly change the way the Board handles union election campaigns. Most damaging to employers, the proposed rule would effectively shorten the time period between the filing of a representation petition to an election.
In addition, the rule would require employers to disclose their entire case theory early in a representation case in a “position statement” and would preclude employers from presenting evidence on any issue not included in the position statement.

Furthermore, the proposed rule requires employers to disclose private information regarding their employees, including employee telephone numbers and e-mail addresses.

Finally, the new rule would, in certain circumstances, defer litigation related to representational disputes until after an election has already been held.

The text of the proposed rule can be found here, and employers have until August 22, 2011 to post their objections.

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