NLRB Election Protection Rule

The NLRB rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships and replaced it with the “Fair Choice-Employee Voice Final Rule” on July 26, 2024. With this action, the NLRB eliminated safeguards on the use of blocking charges, removed the 45-day window for employees to challenge an employer’s voluntary recognition of a union, and lowered the bar for unionizing in the construction industry. Under the new rule regional directors once again have authority to delay an election when a party to the representation proceeding requests that its unfair labor practice charge block an election,
provided the request is supported by an adequate offer of proof, the party agrees to promptly make its witnesses available, and no exception is applicable. The rule takes effect September 30, 2024.