How soon after a petition is filed will the region conduct a pre-election hearing, if the parties do not reach an election agreement?
The revised rules adopted by the Board do not specify how soon the pre-election hearing should be held. Currently, most Regions issue the Notice of Representation Hearing (NOH) on the day the petition is filed and schedule the initial hearing for 7 to 10 days after the petition is filed. In the interest of having uniform and predictable representation case processes throughout the field, the Acting General Counsel has adopted the practice of some regions to normally issue the NOH on the day the petition is filed, and schedule the hearing 7 days (or 5 working days) from the date of issuance of the NOH. This satisfies the Board’s holding in Croft Metals, Inc., 337 NLRB 688 (2002), which requires that parties in representation cases must receive notice of hearing not less than 5 days prior to hearing, excluding intervening weekends and holidays. It also will give regions some flexibility to address postponement requests, consistent with outstanding instructions that hearings be conducted within 14 days from the date of filing, absent extraordinary circumstances