New NLRB Rules: Changing Post-Election Strategy

we-wonNew Orleans One result of the proposed new NLRB election rules, if and when adopted, may require a shift in post-election strategy.

A union will know the results of the election and whether or not the challenged ballots on any unit questions affect the outcome or are aggravations waiting for hearings.  Either way this would mean that the long delays for hearings, decisions, and the potential for appeal to the Board in DC could mean lengthy waits for certification triggering collective bargaining.

Unions may now need to develop strategy and tactics for mounting post-election campaigns to try to do two things.  First to firmly establish the union as a reality in the work, regardless of the NLRB, certification, or bargaining, by electing stewards, defining issues, and taking direct actions on the job around issues and interests, clearly demonstrating concerted, protected activity.  Secondly, the union will have to apply these tactics and others to convince the employer to abandon or negotiate out the unit issues that are slated for hearings in the interest of obviating hearings and accelerating the process to bargaining.  Some of this will be standard operating procedure in settling hearing issues at the 11th hour before the hearing starts, similar to the practice now before representation hearings which are frequently delayed for last minute bargains or caucuses between the parties.

The more the union establishes itself and engages the employer on these issues in “campaign mode,” the more likelihood of a quicker and better settlement.  Too often now post-election work means withdrawing the organizing staff, bringing in the union officers or reps to begin the preparation for collective bargaining and selecting the committee members.   In the new regime with a quick election the campaign strategy should involve a “follow through campaign” of putting the pedal to the metal and pushing the employer to recognize any victory and abandon hearing and unit questions to the union’s interest PDQ…pretty damn quick.

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