NLRB Proposes Rulemaking to Protect Employee Free Choice

The U.S. National Labor Relations Board (NLRB) recently published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing revisions to Part 103 of its Rules and Regulations. NLRB believes the proposed amendments would better shield workers' statutory right of free choice on issues of representation. Among the proposed amendments is changing the blocking charge policy with a vote-and-impound procedure, ensuring elections would no longer be impeded by pending unfair labor practice charges, although ballots would be impounded until the charges are resolved. The board also proposes reverting to a ruling concerning voluntary recognition under Section 9(a) of the act. The board recommends that to prohibit a subsequent representation petition — and for a post-recognition collective-bargaining agreement to have contract-bar effect — unit employees must be notified that voluntary recognition has been allowed with a 45-day open period within which to file an election petition. Furthermore, pertaining to Section 9(a) Recognition in the Construction Industry, the board proposes that proof of a Section 9(a) relationship will demand positive evidence of majority employee support and cannot be based on contract language alone.