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Quickie Election Rule Is In Effect

We told you previously that the posting rule, set to take effect April 30, has been enjoined by a federal court. The U.S. Chamber of Commerce is also suing to prevent the National Labor Relations Board ("NLRB") new "quickie election" rules from taking effect. The case is before the court in the District of Columbia. The court declined to enter a preliminary injunction, however, so the rule took effect April 30.

A ruling from the Court is anticipated in May. So it seems likely that we will learn soon whether the rules will remain in effect. Stay tuned.

In the meantime, the rules that will bring about much quicker elections are in place. In view of this development, some wise steps for employers include: (1) identifying those persons who are clearly supervisors; (2) training managers and supervisors in how to recognize signs of organizing activity and what they should do when they see such signs; and (3) determining whether further communication of the employer's position with regard to union organizing is in order.

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