NLRB's Representation Case Procedures

April 7, 2014

Sofie E. Miller

Download this Public Interest Comment (PDF)


In this NPRM, the National Labor Relations Board (NLRB or the Board) proposes to amend existing rules governing the procedures by which representation cases are conducted. The proposed regulations govern how notice of an election may be served to an employer, when to determine which employees constitute a “unit” for purposes of representation, how union organizers obtain employee data, the types of issues that can be raised during a pre-election hearing, and in which cases it may be appropriate to appeal election results. The content of this proposed rule is substantially the same as the rule of the same name originally proposed in June, 2011 and finalized in December, 2011, and subsequently overturned by the district court on procedural grounds. The rule primarily affects businesses, employees, and the authority and scope of the Board’s regional directors with respect to pre-election hearings and appeals.
As a part of our ongoing Retrospective Review Comment Project, the GW Regulatory Studies Center examines significant proposed regulations—such as this one—to assess whether agencies include plans for conducting retrospective review as a part of their regulations, and submits comments to provide suggestions on how best to incorporate plans for retrospective review into their proposals. Although retrospective review is often thought of as occurring after the promulgation of a final rule, multiple government guidelines instruct agencies to incorporate retrospective review into their proposals during the rulemaking process.