The National Labor Relations Board reissued a proposed rule that would reduce the amount of time between when a union files a representation petition and an election takes place from the current average of 38 days to 10 days. The proposed rule would require any pre-election hearings to begin within seven days of a hearing notice being served and post-hearings to be held within 14 days of the final tally of votes; reduce the amount of time an employer can provide a list of eligible voters from seven days to two days, and require that list to be submitted electronically and include emails and phone numbers; require all parties and the NLRB to transmit election petitions and notices electronically; defer litigation for eligibility issues that involve less than 20 percent of the bargaining unit until after the election;eliminate pre-election appeals of NLRB regional director rulings; and require all appeals to be included in a single post-election request.

The reissued proposal is similar to the original version, which was published as a final rule in December 2011. In January 2014, the NLRB withdrew the rule after opposition by the Coalition for a Democratic Workplace and other business organizations. Groups such as Associated Builders and Contractors (ABC) believe the newly proposed rule does nothing to ensure a fairer election, as well as denies employers their right to free speech and employees the opportunity to make a fully informed decision. According to ABC, unions already win 64 percent of elections and more than 94 percent of those elections occur in time frames that exceed the NLRB’s current rule.