Dive Brief:
- The National Labor Relations Board (NLRB) has extended the comment period for the so-called quickie election rule a second time, giving stakeholders until April 18 to weigh in.
- The rule, promulgated by the Obama administration in 2014, allowed workers to unionize faster than they previously could. In a Request for Information (RFI), NLRB asked the public to weigh in on whether the rule should be retained, modified or rescinded.
- NLRB has instructions for commenting on its website.
Dive Insight:
NLRB's RFI is the first step required for the Board to revisit controversial Obama-era rule. The original filing came during the "December massacre" that took place in 2017 while the Board enjoyed a short-lived Republican majority. Between the installation of a new general counsel — but before Chair Philip Miscimarra's term ended — the Board sought to undo as many Obama-era rulings and initiatives as possible.
The Board now remains deadlocked 2-2, but Trump nominee John Ring is moving through the confirmation process, meaning the Board could regain its Republican majority in the future. Experts, however, say it could be months before he's confirmed by the full Senate, as Democrats may be looking to strike a deal that involves renomination of a current Democrat Board member.
Employers would generally like to see the quickie election rule rescinded, but without a Republican majority at the Board (and several steps left in the rulemaking process), relief could be more than a year away.
