Use of Videoconference Technology

The National Labor Relations Board (NLRB) has published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register seeking public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice and representation case proceedings, and on potential amendments to its procedural rules regarding the use of videoconference technology.  The Board’s current Rules and Regulations provide for the taking of a single witness’s testimony via video in an unfair labor practice proceeding upon a showing of good cause based on compelling circumstances. However, during the COVID-19 pandemic, the Board sanctioned entirely remote hearings in both unfair labor practice and representation cases. Once conditions permit, the Board intends to resume conducting in-person hearings. However, based on the Board’s experience during the pandemic, the Board is considering whether to retain virtual hearings as an option for future use.  Accordingly, the Board solicits responses to targeted questions regarding, among other things, stakeholders’ experiences with remote hearings during the pandemic; the benefits and/or drawbacks of using videoconference technology to conduct remote hearings; and the need for, and content of, potential amendments to the Board’s rules regarding use of videoconference technology to conduct remote hearings.  

Public comments are invited on all aspects of the proposed rule and should be submitted by January 4, 2022, either electronically to regulations.gov, or by mail or hand-delivery to Roxanne L. Rothschild, Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, D.C. 20570-0001. Because of precautions in place due to COVID-19, the Board recommends that comments be submitted electronically or by mail rather than by hand delivery and those who wish to hand-deliver comments must schedule an appointment.

The Advance Notice of Proposed Rulemaking may be found here.

The Press Release for the ANPRM can be found here.