loader
Page is loading...
generic_insight_detail

NLRB Signals Reversal of Blocking Charge Policy


Is the National Labor Relations Board’s (NLRB) blocking charge policy in its last days? Perhaps, according to a footnote in its recent decision in ADT Security Services Case 18-RD-206831 (December 20, 2017). Current NLRB policy allows union elections to be paused if employees or the union file a complaint alleging that the employer committed an unfair labor practice. The current policy also permits halting an election if employees seeking decertification or disbanding of a union allege the union interfered with the election. However, in ADT Security Services, new NLRB chairman Marvin Kaplan stated he “would consider revisiting the Board’s blocking charge policy in a future appropriate case.” The other new Republican member, William Emanuel, was more direct, stating “the policy should be changed.” The ADT Security Services decision involved a decertification petition regarding an International Brotherhood of Electrical Workers union. While the footnote in ADT Security Services likely indicates reversal of the vote blocking policy is on the horizon, the current composition of the Board is split evenly (2-2) along party lines, with former chairman Philip Miscimarra’s term having expired on December 16. Once the Board returns to a Republican majority under the Trump administration, we expect this policy to be on the list of policies to be reversed in the coming new year.


RELATED ARTICLES

Labor Board’s Top Lawyer Outlines Potential Procedures For Live Union Elections

July 8, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Continues to Turn Back the Clock, Restoring Pre-Obama Disciplinary Rule

June 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Unnecessary Roughness: NLRB Calls Foul on Union for Workplace Investigation Interference

June 17, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Shhh! NLRB Says Companies Can Block Union Talk on the Clock

June 9, 2020 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
ADT Security Services
Blocking Charge Policy
NLRB
Trump Administration
union elections
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.