National Labor Relations Board Rulemaking

As part of its ongoing efforts to more effectively administer the National Labor Relations Act and to further the purposes of the Act, the National Labor Relations Board is engaging in rulemaking in a number of important areas.

The Standard for Determining Joint-Employer Status -Final Rule published 10/27/2023

Rulemaking to revise the standard for determining joint-employer status under the National Labor Relations Act.

Representation Case Procedures - Final Rule published 8/25/2023

Rulemaking to revise the representation case procedures located at 29 CFR part 102, Subpart D, with a specific focus on repealing amendments that had been adopted by the Board in 2019. This rule enables the Board to better fulfill its statutory duty to fairly, efficiently, and expeditiously resolve questions of representation.

Fair Choice – Employee Voice

The Board published a final rule that revised the election rules to restore three key areas that will improve employee voice in the workplace. The Fair Choice – Employee Voice final rule will promote free and fair elections, facilitate voluntary recognition, and restore recognition standards in the construction industry by returning to long-standing Board precedent that existed prior to the adoption of the prior final rule on April 1, 2020.

Organizational Disclosure Statement

To enhance the administration of its ethics program and identify potential conflicts of interest, the National Labor Relations Board will be amending its procedural rules to require disclosure of parties’ and other entities’ organizational relationships.

Use of Videoconference Technology

The National Labor Relations Board will be soliciting public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice case and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology.