The National Labor Relations Board (NLRB) Sept. 30 announced plans to speed up the process for hearing unfair labor practice cases that involve dismissal of an employee during a union organizing effort.
NLRB Acting General Counsel Lafe Solomon issued a memocontaining procedures and an “optimal” timeline for filing and hearing petitions. Under the timeline, the regional office will identify within seven days if the case is appropriate for temporary relief under Section 10(j) of the National Labor Relations Act. Within seven days of when the charge is filed, the regional office should take the lead affidavit and within 14 days the office should gather all of the evidence from the charging party. If the NLRB determined that the charge has merit, the region must notify the charged party who then has seven days to respond.
The expedited timeline outlined in the memo is likely to increase the number of cases filed in addition to litigation costs for the employer. In addition, it could inhibit an employers’ ability to address legitimate disciplinary issues that happen to occur during a union organizing campaign, further tilting the favor toward unions at the determinant of the employer.