The National Labor Relations Board (NLRB) announced today that it is issuing proposed amendments to its rules and regulations governing representation-case procedures.
In substance, the proposed amendments are identical to the representation procedure changes first proposed in June 2011. A Notice of Proposed Rulemaking (NPRM) will appear in the Federal Register tomorrow.
The proposals are intended to enable the Board to more effectively administer the National Labor Relations Act (NLRA). Specifically, the NPRM presents a number of changes to the Board’s representation case procedures aimed at modernizing processes, enhancing transparency and eliminating unnecessary litigation and delay.
Issuance of the proposed rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer. Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.
In announcing the proposals, Pearce said: “The Board is unanimous in its support for effective representation case procedures. I am pleased that all Members share a commitment to constructive dialogue, and we all agree that important issues are involved in this proposed rulemaking. With a Senate-confirmed five-member Board, I feel it is important for the Board to fully consider public comment on these proposed amendments, along with the comments we previously received in 2011. These amendments would modernize the representation case process and fulfill the promise of the National Labor Relations Act.”