NLRB Memo Won't Bring End To Mail-In Union Voting
New York Labor and Employment partner Jim Hays spoke with Law360 about the National Labor Relations Board prosecutor's July 6 memo setting out guidelines for safely staging union elections during the COVID-19 pandemic, signaling that in-person voting is back in play, but it's not the end of mail-ballot elections. In reviewing the memo, Jim added, “My guess is the regional directors are going to continue to look at what's going on in [their] jurisdiction … and they're going to act accordingly.” General Counsel Peter Robb addresses this division of power in his memo, writing that the board "has the ultimate authority to make decisions on when, how and in what manner elections are conducted." But it's likely he and the board are on the same page, Jim said.