NLRB Déjà vu: If At First You Don't Succeed…
Insights for Employers Alert | 1 min read
Feb 11, 2014
In 2011, the National Labor Relations Board (NLRB) issued rules that were very favorable to union organizing, however, the federal courts invalidated those rules on procedural grounds. Last week, the NLRB issued virtually the same rules, which propose to make the following changes: (1) The Excelsior List must include eligible employees' phone numbers and e-mail addresses, work location, shift and job classification in addition to their names and home addresses; (2) employers must provide the Excelsior List within two days of the election agreement or direction of election; (3) employers must post the initial Notice to Employees of Election; (4) employers must file a written statement of position regarding any issues to be raised for a hearing; and (5) pre-election hearings will not decide voter eligibility unless more than 20 percent of voters may be affected. The NLRB has requested comments on the proposed rules, and it intends to hold hearings in early April.
It remains to be seen whether the same parties that challenged the prior rules may challenge these rules based on the NLRB exceeding its statutory authority, or based on the First Amendment freedom of speech or Fifth Amendment due process. Employers that want to remain union-free will have to be even more vigilant if these pro-union rules go into effect.
Related People
Related Capabilities
Featured Insights

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges

In The News
Oct 26, 2026
Scott Seaman Examines the Insurance Coverage Implications of a Recent NFL Concussion Ruling

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation





