Introduction
In our last Review, we reported that the National Labor Relations Board had a very busy year. Despite the challenges of the COVID-19 pandemic, 2020 was also a fairly busy year for the Board. In its final year, the Trump Board produced a number of key decisions for employers. Whether those decision stand the test of time remains to be seen, because the Biden Board will soon begin its work. In the meantime, we will review the highlights from 2020 and preview some of the possible changes that may be down the road.
Like so many of us, the Board was forced to convert nearly of its employees to remote work in March of 2020, and ultimately transitioned most of its activities to a virtual environment. This included videoconferencing for unfair labor practice (“ULP”) and representational proceedings. The Board also continued to conduct representational elections, following a brief two-week shut down.
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The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections.
Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations regional directors should weigh in determining whether an election should be conducted by mail ballot, as opposed to an in-person manual ballot, because of the COVID-19-related conditions. The NLRB’s longstanding policy strongly favors manual elections; however, since the onset of the COVID-19 pandemic, it has permitted mail-ballot elections under an “extraordinary circumstances” exception to the manual ballot preference. The decision outlines six situations related to the COVID-19 pandemic that, when at least one is present, normally will suggest the propriety of conducting an election by mail, rather than manual, ballot. Those circumstances are:
Tuesday, December 22, 2020
1. The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections.
Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations regional directors should weigh in determining whether an election should be conducted by mail ballot, as opposed to an in-person manual ballot, because of the COVID-19-related conditions. The NLRB’s longstanding policy strongly favors manual elections; however, since the onset of the COVID-19 pandemic, it has permitted mail-ballot elections under an “extraordinary circumstances” exception to the manual ballot preference. The decision outlines six situations related to the COVID-19 pandemic that, when at least one is present, normally will suggest the propriety of conducting an election by mail, rather than manual, ballot. Those circumstances are: