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NLRB Rolls Back 2020 Union Policies


The National Labor Relations Board has rescinded a trio of union-recognition policies issued under the previous administration (POLITICO Pro, subscription).

What’s going on: In its final rule issued last Friday, the NLRB made “three alterations to how the agency handles various election-related procedures.” They are:

  • Blocking charges: The new rule brings back so-called “blocking” charges, bringing back “the ability of NLRB regional directors to order a delay, rather than hold an election, in situations where unions have accused employers of tainting the process via unfair activity.” Employers say unions will now “file frivolous unfair labor practice charges as a delay tactic.”
  • Voluntary recognition: A second change in the rule “limits workers’ ability to contest the legitimacy of a union that has been voluntarily recognized by their employer.” The 2020 rule required a 45-day window to challenge such recognition.
  • Construction unions: The third revision, specific to the construction industry, “removes evidentiary requirements that demonstrate unions have majority support from workers before entering into a bargaining relationship with a given employer.”

What’s next: The rule is set to go into effect Sept. 30.

However … “[F]inalizing this rule so late in President Joe Biden’s term could open it up to being reversed if Republicans win the White House this November.”

  • The rule could also face legal challenges from business groups.
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