NLRB Releases Final Rule on 9(a) & Other Election Issues

The National Labor Relations Board (NLRB) issued its final rule on “Fair Choice - Employee Voice,” which restores three NLRB policies that facilitate union organizing, including the NLRB’s policy on voluntary recognition in the construction industry.
 
The final rule revives the NLRB’s prior approach to voluntary recognition in the construction industry, as reflected in case law. This would include restoring a six-month limitations period for election petitions challenging a construction employer’s voluntary recognition of a union under Section 9(a) of the NLRA. It would also include the principle that sufficiently detailed language in a collective-bargaining agreement can serve as sufficient evidence that voluntary recognition was based on Section 9(a) of the Act.
 
The final rule also reinstates the Board’s long-established “blocking charge” policy. Under this approach, when unfair labor practice charges are filed while an election petition is pending, a Regional Director may delay the election if the conduct alleged threatens to interfere with employee free choice.
 
Lastly, the final rule eliminates the required notice-and-election procedure triggered by an employer’s voluntary recognition of a union based on a showing of majority support among employees. The final rule is effective on September 30, 2024 and will only be applied to cases filed after the effective date.