Annual Review of Revised R-Case Rules

On April 14, 2016, the National Labor Relations Board marked one year since the implementation of its revised rules governing representation-case procedures, which became effective April 14, 2015. These rules were designed to remove unnecessary barriers to the fair and expeditious resolution of representation cases, simplify representation-case procedures, codify best practices, and make them more transparent and uniform across regions.  Addressing discrete, specifically identified problems, the Board’s updated representation case rules sought to streamline Board processes, increase transparency and uniformity across regions, eliminate or reduce unnecessary litigation, duplication, and delay, and modernize the Board’s rules on documents and communications in light of current communications technology.
The following tables represent a side-by-side comparison of representation case filings, processing, and results under the first year of the new rules, as compared with the same period one year prior.
 

Petitions Filed:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Total Petitions Filed:

2674

2792

RC: 

2144

2141

RD: 

337

436

RM: 

49

56

UC: 

78

79

 
 

Median Days between Petition Filing and:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Pre-Election Hearing:

10

14

Election Agreement:

8

11

Election:

24

38

With Election Agreement:  

23

38

With Directed Election:  

34

64

Certification:

35

50

 
 

Median Days between Petition Filing and:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Election by Case Type:

 

 

RC Petitions: 

23

38

RD Petitions: 

25

37

RM Petitions: 

26

38

 
 

Election Results:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Union Win Rate in Case
with Certified Results:

65%

66%

RC Petitions: 

70%

71%

RD Petitions: 

41%

40%

RM Petitions: 

29%

39%

 
 

Other Statistical Highlights:

 

4/14/15 - 4/14/16

4/14/14 - 4/14/15

Election Agreement Rate:

92%

92%

Petitions Blocked by 
Unfair Labor Practice Charges:

107

194

 
Note: The figures above represent data pulled during the week of April 18, 2016.