The 2014 Election Rule is here to stay— at least for the next two months. On Friday, the NLRB extended the time for filing responses to the Request for Information until March 19, 2018.
As we previously reported, the 2014 Election Rule, also known as the “ambush” or “quickie” election rule, speeds up the representation election procedure and allows union votes to occur more quickly than in previous years. The Request for Information asks the public to provide input on whether the 2014 Election Rule should remain, be modified, or be overturned altogether. The Request for Information was originally approved in December 2017, when the NLRB was majority GOP (the NLRB has been evenly split between Republicans and Democrats since Chairman Miscimarra (R) stepped down last month).
In delaying the date to respond to the Request for Information, and thus delaying any decision on the 2014 Election Rule, the NLRB may be waiting to see if the Senate confirms management-side attorney John Ring, whom President Trump nominated earlier this month. Ring’s confirmation would return the NLRB to a GOP majority and allow the NLRB to quickly overturn Obama-era decisions, as well as engage in rulemaking to overturn or otherwise modify the 2014 Election Rule.