Wyatt Employment Law Report


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NLRB Announces Proposed Changes To Its Representation Election Procedures Intended to Speed Up the Process

By Edwin S. Hopson

On June 21, 2011, the National Labor Relations Board, with Member Hayes dissenting, proposed changes in its representation election procedures.  The stated purpose is “to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing.”

The Board majority points out that it has periodically reviewed and frequently revised its procedures in representation cases over the years since the National Labor Relations Act was enacted into law in 1935. For many decades, the NLRB’s General Counsel has had formal time targets for many facets of the representation election process.  These proposed regulations would supplant the previous guidelines. Continue reading


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President Obama Renews Support for the Proposed Employee Free Choice Act and Makes Other Comments Concerning Labor Issues

By Edwin S. Hopson

Earlier this month, President Obama spoke to the AFL-CIO Executive Council at a meeting in Washington D.C.  He had some interesting comments about the Employee Free Choice Act (EFCA).  He stated, in part:  “[g]etting EFCA through the Senate is going to be tough. It’s always been tough; it will continue to be tough. We’ll keep on pushing.”

The President also commented about the National Labor Relations Board.  “[w]e are going to make sure that the National Labor Relations Board is restored to have some balance so that if workers want to form a union, they can at least get a fair vote in a reasonable amount of time.”

Apparently referring to labor consultants many employers use in union organizing campaigns, President Obama said this:  “[a]nd we don’t want, by the way, government dollars going in to pay for union busting. That’s not something that we believe in. That’s not right. That tilts the playing field in an unfair way.”

The full text of the President’s remarks can be found at http://www.whitehouse.gov/the-press-office/remarks-president-afl-cio-executive-council.