In two decisions issued on April 16, the National Labor Relations Board (NLRB) indicated its interest in reviewing two long-standing NLRB principles: mail ballot election procedures and employee interview safeguards.
In Western Wall Systems, LLC, Case 28-RC-247464 (Apr. 16, 2020), the NLRB stated that it is “open to addressing the criteria for mail balloting in a future appropriate proceeding.” In Kauai Veterans Express Co., 369 NLRB No. 59 (Apr. 16, 2020), the NLRB noted that it “would be willing to reconsider Johnnie’s Poultry” [146 NLRB 770 (1964)], in which it established standards for employers when interviewing employees.
For the NLRB to consider either or both of these principles, cases involving them must be presented to the NLRB in accordance with the agency’s procedural rules. If that happens, the NLRB is expected to establish more employer-friendly rules governing both.
Please watch this space for writeups on both cases.