With the National Labor Relations Board’s (NLRB) “Ambush Election” rule now in effect, it is critical for merit shop electrical contractors to understand what this means for their business. The new rule reduces the election for the union election process to as few as 14 days from the current median time of 38 days. 

Other key changes: 

  • Requires that all pre-election hearings be set to begin within 8 days after a hearing notice is issued.
  • Mandates that employers file a “Statement of Position” by noon on the day before the hearing begins.  The Statement of Position must include a list of prospective voters with their names, job classifications, work shifts, and work locations.  
  • Provides Regional Directors with discretion to limit the scope of pre-election hearings, by excluding evidence on voter eligibility and delaying the resolution of those issues until after the election.
  • Requires an employer to provide, within 2 business days of the election agreement or decision directing an election, employee personal telephone numbers and personal email addresses. 

The links below also provide more information on the new rule. 

NLRB Representation Case-Procedures Fact Sheet 

Key Changes to Union Election Rules – Morgan Lewis

New "Ambush Election" Rule: NLRB's Most Recent Gift for Organized Labor and How it Could Impact Electrical Contractors. Presented by Phillip Russell and Chris Caiaccio of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on February 25, 2015. You must log in to view this IEC National webinar.