The Catholic University of America

NACUA Notes (National Association of College and University Attorneys)

May 1, 2014 | Vol. 12 No. 4


HOW AND WHY COLLEGES AND UNIVERSITIES MUST PREPARE NOW FOR THE NLRB’S PROPOSED “QUICKIE” ELECTIONS RULE

Stanley J. Brown
George W. Ingham

Introduction

On February 5, 2014, the National Labor Relations Board (“NLRB” or “Board”) voted 3-2 to reissue a notice of proposed rulemaking to amend its representation election procedures.  The proposed rule would, among other things, shrink the time period between the date a labor union election petition is filed and the date the election is held and require employers to rapidly provide a substantive legal and factual response to an election petition.  This rule is particularly problematic for college and university employers, who are facing increasing unionization efforts throughout the country and a variety of evolving legal issues relating to organization of employees and the jurisdiction of the Board.  In fact, just five days after the Board issued the notice of proposed rulemaking, the Board called for briefs concerning its jurisdiction over religiously-identified educational institutions and full-time faculty members. In sum, it is important for colleges and universities to be aware of the proposed rules which, if fully enacted, will have a substantial impact on the already complex and sensitive management of campus organizing activities.  Further, there are evaluative and planning steps to be considered now that will be beneficial even if the new rules are delayed or altered. Read More.