The time in which representation case transcripts are delivered to the Regions has not changed. Generally, those transcripts must be delivered within three calendar days after the hearing closes.
New Representation Case Procedures
Frequently asked questions regarding the new representation case procedures, effective 4/30/2012.
Is it possible that an election could be held the day the election eligibility (Excelsior) list is due?
Since the eligibility list is used in the election, it is unlikely that an election would be scheduled the day the list is due because the list might not be received before the election begins. It is possible, however, that the election could be scheduled the day after the list is due.
In an election directed by the regional director after a hearing, can the notice of election be posted during the time when the employer is preparing the election eligibility (Excelsior) list?
Yes, that is possible. Board agents are encouraged to discuss election arrangements with the parties at the earliest possible time. We will send out the election notices as soon as the parties agree on the election arrangements or, if no agreement is reached, when the regional director determines it is appropriate to do so. We will encourage the parties to post and distribute the election notices upon receipt.
What types of petitions are affected by the revised rules?
The revised rules affect the processing of RD, RD, and RM petitions. An RC petition is filed by a labor organization seeking to represent employees. An RD petition is filed by a person seeking to decertify a current bargaining representative. An RM petition is filed by an employer seeking to determine if a labor organization should be recognized as the representative of its employees.
Is a printable version of these FAQs available?
A printable version of these FAQs with all answers expanded is available here.
Is a pre-election hearing required under Section 9(c) in all cases regardless of whether material facts are in dispute?
A pre-election hearing is required in all cases where the parties have not entered into an election agreement, but a full scale “evidentiary hearing” is not required in every case, only “an appropriate hearing.” There may be times when there are no disputes which must be resolved and, therefore, an appropriate hearing does not require the introduction of extensive evidence.
Do I have to take a position as to the appropriateness of the petitioned-for unit?
If you decline to take a position on a presumptively appropriate unit, you may be precluded from presenting evidence relevant to the determination of an appropriate unit. If the unit is not presumptively appropriate, the record will have to contain sufficient evidence to establish whether the petitioned unit is appropriate.
