NLRB Modification of Procedures in Representation Cases (2020 Rule)
What the law is now
The NLRB published a final rule modifying representation case procedures, effective May 31, 2020 (initially scheduled April 16, 2020; delayed due to COVID-19 litigation). Key changes: (1) hearing scheduled at least 14 days from notice; (2) posting notice of election within 5 days (vs. 2 days); (3) modified timeline for non-petitioning party's statement of position; (4) petitioner required to serve responsive statement of position; (5) reinstatement of post-hearing briefs; (6) Regional Director discretion on election timing; (7) ballot impoundment when request for review pending; (8) prohibition on bifurcated review requests; (9) formatting changes; (10) "business days" definition. [UNVERIFIED current status — see notes.]
What just shifted
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