In August 2023, the National Labor Relations Board (the “NLRB” or the “Board”) significantly changed its procedures when employees are seeking representation by a union.
First, the Board enacted its “Representation-Case Procedures” rule or “2023 Election Rule,” which, among other changes, expedites the timing of an election after a petition for election has been filed. The 2023 Election Rule took effect on December 26, 2023. As with many NLRB changes during the presidency of a different party from the last, this rule marks a return to the procedure created during the last Democrat administration in 2014 (effective in 2015), which had been changed during the prior Republican administration in 2019.
