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NLRB Issues Final Rule on "Ambush Elections" December 22, 2011

*Ask about our 1/26/2012 Webinar on this new Rule and the Board's Notice Posting Rule that takes affect 1/31/2012*

• The final rule narrows the Board's pre-election procedures to focus on whether a question concerning representation exists (a QCR requires 30% or more support within an appropriate unit of employees).

• The final rule calls for expedited pre-election hearings.

• The final rule will not hold up an election over pre-election requests for review of a Regional Director's decision and direction of election; instead, such requests are deferred until after the election.

• The final rule eliminates the previous recommendation that Regional Directors schedule elections at least 25 days after the decision and direction of election - this allows Regional Directors discretion to schedule elections much sooner than in the past.

Summary: The final rule takes effect April 30, 2012. After that date employer served with a Union Representation (RC) Petition can expect to face an election in a greater percentage of cases, and potentially face that election sooner than the standard 42-day period that applied under the old rule.