Sean P. Beiter Quoted on NLRB Posting Rule and Union Election Process, Daily Record

Sean P. Beiter Quoted on NLRB Posting Rule and Union Election Process, Daily Record

March 7, 2012

Sean P. Beiter, Chair of Goldberg Segalla’s Labor and Employment Practice Group, was interviewed by the Daily Record for an article on the National Labor Relations Board (NLRB)’s controversial new posting rule and its requirement expediting the union election process.

Implementation of the posting rule has been delayed due to a number of lawsuits, including one decided March 2, 2012, in the U.S. District Court for the District of Columbia that struck down the two principal remedy provisions of the NLRB’s posting requirement but simultaneously upheld the NLRB’s regulatory authority to require employers to post the notice. “The biggest complaint is it is not considered neutral by most employer groups,” Sean told the Daily Record. “It only talks about pro-union rights. It seems slanted to one direction.”

The article also addressed recent NLRB requirements that shorten the time between when a petition for election is filed and when the election is held. “In the past, employers could have up to 45 days and sometimes longer to provide their point of view to employees as to what it would mean to have a union,” Sean said in the article, noting that although the NLRB did not specify an exact timeframe, it could be as little as 10 days to two weeks. “There is very little employers can do in this time period,” he added. “We are telling employers they have to start preparing now to communicate [to employees] the information they want.”

For more information on the posting rule, please see Goldberg Segalla’s recent alerts:

Reaction to District Court Decision on NLRB Posting Rule, March 5, 2012
Key Remedy Provisions of NLRB Posting Regulation Struck Down, March 2, 2012

Read the full article:

“NLRB Regs Set to Take Effect in Late April,” Daily Record, March 5, 2012 (subscription required)