Rule Changes in Representation Cases - Effective May 31, 2020

May 20, 2020 On May 31, 2020 the National Labor Relations Board  implemented in full the following rule changes : Scheduling the hearing at least 14 days from issuance of the notice of hearing; Posting the notice of election within 5 days instead of 2 days; Changes in timeline for serving the non-petitioning party’s statement of position; Requiring petitioner to serve a responsive statement of position; Reinstatement of Post-Hearing Briefs; Reinstating Regional Director discretion on the timing of a notice of election after the direction of an election; Ballot impoundment procedures when a request for review is pending; Prohibition on bifurcated requests for review; Certain changes in formatting for pleadings and other documents; and Terminology changes and defining days as “business” days. The General Counsel has issued a guidance memorandum regarding implementation of the rule. GC 20-07 . The remaining five provisions of the December 2019 amendments, are under review per a recent U.S. District Court order.  These are: Reinstitution of pre-election hearings for litigating eligibility issues; Timing of the date of election; Voter list timing; Election observer eligibility; and Timing of Regional Director certification of representatives.