“Changing Times: How Employers Can Address New NLRB Rules that Increase the Chance of Unionization”

Dykema’s John Entenman was interviewed for Smart Business Detroit’s June 2012 article, “Changing Times: How Employers Can Address New NLRB Rules that Increase the Chance of Unionization,” which discusses the impact on employers from recent NLRB rule changes. An unusual turn of events, Entenman comments that “Historically, the NLRB has only rarely engaged in rulemaking.”

The first of the two new rules would have required National  Labor Relations Act-covered employers to post a notice advising employees of their rights, and that failure to post the notice would result in a per se unfair labor practice being committed. At present, however, this rule is currently on appeal with the Board.

The second rule, which did take effect on April 30, 2012, allows for expedited union elections. Entenman explains that the period between filing a petition and holding a vote has been shortened from 30 to 40 days, to 10 to 15 days. Said Entenman about the rule’s impact, “employees will not get a meaningful opportunity to hear from their employer. In addition, matters that were appealable prior to the election are no longer appealable until after the election…” He goes on to say that as a result of the new rule, “we expect to see a significant uptick in the number of union petitions filed,” and that the rule, “will greatly increase unions’ chances of winning elections…”

Entenman comments that employers should begin preparing for this new legal environment immediately—as a start, connecting with a labor lawyer about the situation and educating employees.

Click here to read the complete text of “Changing Times: How Employers Can Address New NLRB Rules that Increase the Chance of Unionization.”

Reprinted with permission. ©2012 Smart Business Network Inc. Reprinted from the June 2012 issue of Smart Business Detroit.