Last week, the National Labor Relations Board issued proposed regulations intended to streamline NLRB litigation involving representation questions during union organizing campaigns. These questions typically involve the make-up of the proposed bargaining unit, and who should vote in the union election. The NLRB decided to limit the ability of parties to challenge NLRB determinations as to representation, and to postpone some representation challenges until after the election has occurred.

The lone Republican on the NLRB complained that the rule is intended to increase unions' chances of winning elections by compressing the period of time employers have to challenge the composition of the bargaining unit before the election is held. It may be difficult for the employer to retroactively nullify the result through a post-election legal challenge.

The proposed rule can be found here.