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Keeping Up With the NLRB: Agency Releases Updated Outline of Law and Procedure in Representation Cases



The web of rules imposed by the National Labor Relations Board (NLRB) on union elections always is rapidly evolving. From the “quickie election rules” implemented by the NLRB in April 2015 to decisions altering the types of misconduct that can be used to “re-run” a vote, it can be hard to keep up.


One great resource available to employers is the NLRB’s “Outline of Law and Procedure in Representation Cases,” which summarizes and offers information on NLRB cases dealing with a vast array of issues, including scope of bargaining unit, supervisory status, and objectionable conduct. On Sept. 14, the NLRB released an updated version that includes references to recent cases in this area. For anyone interested in union elections (including union avoidance), it is a critical resource and can help ensure compliance with NLRB requirements.


David Pryzbylski

Recently recognized as one of the top under-40 labor lawyers in the nation by Law360, David J. Pryzbylski’s interest in labor relations began early in high school, having grown up next to several of the largest steel mills in the world. Today, David is a Partner in Barnes & Thornburg LLP’s Labor & Employment Department. Building on his interest in labor relations, he concentrates a large portion of his practice on assisting employers with traditional labor matters, including collective bargaining; work stoppages; arbitrations; union avoidance training and strategies; union representation elections; unfair labor practice charges; contract administration; and various other labor relations issues.

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