NLRB Blocking Charge Policy, Voluntary Recognition Bar, and Section 9(a) Construction Industry Rule (2020)
What the law is now
The NLRB finalized three amendments to Part 103 of its Rules and Regulations, effective 2020. (1) **Blocking charge policy**: replaced the prior blocking charge policy with a vote-and-count or vote-and-impound procedure; elections no longer blocked by pending ULP charges. (2) **Voluntary recognition bar**: restored the Dana Corp. framework (351 NLRB 434, 2007), requiring a 45-day open election period after voluntary recognition under Section 9(a). (3) **Section 9(a) in construction**: positive evidence of majority support required to establish a Section 9(a) relationship; contract language alone insufficient (overruling Staunton Fuel, 335 NLRB 717, 2001). [UNVERIFIED current status — see notes.]
What just shifted
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