New Rulemaking at NLRB Focuses on Three Discretionary Bars to Representation Election Petitions
In a notice of proposed rulemaking and request for comments published on August 12, 2019, the NLRB exercised its discretionary rulemaking authority to propose changes to three discretionary election bar policies:
The blocking charge policy,
The voluntary election bar policy, and
For the construction industry only, the contract bar policy.
These policies currently bar, for a period of time, the filing or processing of representation election petitions by employers, employees, or rival unions to challenge…