WASHINGTON,
DC — Due to the coronavirus
pandemic emergency, many federal agencies have had to modify their procedures
to continue operations safely. The National Labor Relations Board (“NLRB”) is
no exception. Fortunately, largely due to the outstanding efforts of its staff,
the NLRB has continued to operate throughout this emergency with only some
modifications to its practices and procedures to ensure the safety of
employees, the parties, and the public. Safety for all has been, and will
continue to be, of critical importance while we continue the important work of
the NLRB. Modifications to our operations have been announced through press
releases, which are posted on the NLRB website. The current status of Agency
operations is set forth below.
Regional
Office Status — NLRB regional offices are open. In
the interest of safety and social distancing, in-person public access has been
limited to appointment-only. Except for limited essential personnel, all
employees are teleworking but continue Agency operations through email and
teleconference. At present, the Agency has extensive teleconferencing
capabilities but limited video conference capability. Additional access to
videoconferencing capacity is being secured.
Regional
Office Case Processing —
Unfair labor practice charges continue to be accepted and investigated. There
has also been no change to priority of investigations or time targets.
Generally, affidavits will be taken by phone, absent extraordinary
circumstances. Complaints continue to issue where appropriate.
Representation
Elections — Representation petitions and
elections are being processed and conducted by the regional offices. Consistent
with their traditional authority, Regional Directors have discretion as to
when, where, and if an election can be conducted, in accordance with existing
NLRB precedent. In doing so, Regional Directors will consider the extraordinary
circumstances of the current pandemic, to include safety, staffing, and
federal, state and local laws and guidance. Regional Directors, in their
discretion, may schedule hearings through teleconference or videoconference,
although the latter may involve delays due to limited availability.
Administrative
Law Judge Hearings — The
Division of Administrative Law Judges has ordered that no in-person hearings
will be scheduled through May 31, 2020, except for those matters that the
presiding judge determines can be held via videoconference. Those hearings that
were already scheduled for this time frame have been postponed. Judges are
continuing to make conference calls in order to aid in settlement and handling
cases that may be stipulated to them by agreement. As noted, the Agency’s
videoconferencing capacity currently is limited and the Agency is working
diligently to increase those capabilities.
Board
Case Processing — The Board continues to process
cases, including exceptions to administrative law judges’ decisions, requests
for review of regional actions, motions, briefs, and other filings, as usual.
As always, parties are required to E-File documents with the Board, and parties
are encouraged to sign up for E-Service of Board and ALJ decisions. Any
questions regarding filings or cases pending before the Board should be
directed to the Executive Secretary.
Implementation
of the 2019 Representation Case Rules —
Implementation of the 2019 amendments to the representation case rules has been
extended to May 31, 2020. Public training on the 2019 amendments will be
scheduled before the rules are effective.
Implementation
of the Election Protection Final Rule —
The effective date of the Board’s Election Protection final rule – covering
blocking charges, voluntary recognition and construction industry recognition –
has been postponed to July 31, 2020.
Please
consult the NLRB’s website for additional information, including individual
office status, and for future updates.
Established
in 1935, the National Labor Relations Board is an independent federal agency
that protects employees, employers, and unions from unfair labor practices and
protects the right of private sector employees to join together, with or
without a union, to improve wages, benefits and working conditions. The NLRB
conducts hundreds of workplace elections and investigates thousands of unfair
labor practice charges each year.
For more information contact us at http://www.beverlyhillsemploymentlaw.com/
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