Effective April 14, 2015, the NLRB’s Ambush Elections rules go into effect. The purpose and effect of the rules is to shorten the period of time between when a union files a petition for an election and when the election takes place. The result is that, while a union may campaign furtively against an employer for an extended period of time, an employer will have only a small window of opportunity to respond. Make no mistake about it: winning elections will be harder for employers (as intended by the NLRB) so the goal for employers must be to avoid elections in the first instance.
One key action step for employers is developing a system of early detection of union activity and rapid management response. I am pleased to post a blog I wrote for Entrepreneur on this necessary (but not sufficient) step employers should consider if they wish to limit their exposure to unions: http://www.entrepreneur.com/article/241647
This article is not legal advice and should not be construed as applying to specific factual situations.