Considering the COVID-19 pandemic, the National Labor Relations Board (NLRB) has announced the suspension of all representation elections, including mail ballot elections, through April 3, 2020. The NLRB could extend the suspension if necessary.
The NLRB indicated the health and safety of its employees, as well as members of the public involved in the election process, necessitated this significant action.
It also reasoned that several Regional Offices have closed, and thus, it is not “possible to effectively conduct elections at this time.”
The suspension of representation elections is the NLRB’s most recent step to handle the effects of COVID-19 within the agency. The NLRB directed agency-wide telework on March 16, 2020, and has closed five Regional Offices – two on March 10 and three others on March 15 – due to possible COVID-19 exposure.
The NLRB has not told employers the dates on which their postponed elections will be rescheduled. It is likely (but not required) the local regional office will contact the parties seeking to reschedule to a mutually agreeable date. However, if the parties cannot agree, the regional director has the discretion to reschedule the date unilaterally.
Please contact a Jackson Lewis attorney if you have any questions.