By announcement on April 1, 2020, the NLRB resumed representation elections beginning on April 6, 2020. Previously, the NLRB had suspended elections until April 3, 2020. The details on elections will be decided on a case-by-case basis by the Board’s regional directors.
Board Chairman John F. Ring provided the following reasons for resuming elections: “Conducting representation elections is core to the NLRB’s mission, and ensuring elections are carried out safely and effectively is one of our primary responsibilities. Two weeks ago, when the Board made the difficult decision to suspend elections, the developing situation made it impossible to ensure the safety of our employees or the public. With many regional offices closed and most employees teleworking, the Board was not confident that any type of election could be run effectively. Based on these concerns, the Board determined that a two-week suspension would provide the General Counsel, who is delegated authority to supervise the regional offices, which conduct elections on the Board’s behalf, the opportunity to fully review the logistics of the election procedures in light of the unprecedented situation. The General Counsel now has advised that appropriate measures are available to permit elections to resume in a safe and effective manner, which will be determined by the Regional Directors. We appreciate the patience and understanding of all NLRB stakeholders during this challenging time.”
Andrew MacDonald is an associate in the firm’s Labor and Employment Department, resident in its Philadelphia office.