One key change under Trump allowed an employer five business days to provide a list to their respective union and the NLRB once the agency directed that a union election would be held. That list would contain the names, job details, and contact information of employees eligible to vote. The court invalidated that 2019 change by reverting back to a NLRB 2014 rule that allowed employers two business days to turn over the list.
“Unions typically benefit from shorter election periods, so the restoration of the 2014 rules put employers at a disadvantage compared to the 2019 rules,” Barley Snyder partners Joshua L. Schwartz and Kevin A. Moore wrote. “Employers faced with a union organizing campaign will need to be prepared immediately to provide voter lists and should consider whether they have viable challenges to the scope of the proposed bargaining unit.”