Proposed Amendments to NLRB Election Rules


The National Labor Relations Board (NLRB) has once again, as in 2011, proposed regulations to (1) reduce the time between a proposed union’s petition to form and the election on formation from approximately 31 days to approximately 10 days; (2) make the position statement rules stricter; and (3) require employers to disclose employee contact information to proposed unions.

The Society for Human Resource Management (SHRM) and many employers believe these proposed regulations would be unfair to employers and employees.  In essence, the shortened election time would give employees less information upon which to base their union formation vote, the stricter position statement rules would preclude employers from pursuing all available arguments under the law, and disclosure of employee information would violate employee privacy.  SHRM has drafted a form letter to the NLRB objecting to these proposed regulations which can be found at Please note that comments/letters are due to the NLRB by April 7, 2014.

If you have any questions or comments, please contact Paul Keneally at 585.258.2882 or