Employers lose time to get votes against union campaign with rule

Q&A with Tony Puckett

published in The Oklahoman | December 24, 2014

Until recently, a union election could not be held until at least 25 days had passed since the filing of the union organizing election petition. Employers would traditionally use that time to mount their own campaign, meet with employees, and tell them why they believed a union was not necessary. All that is set to change on April 14, 2015.

Tony Puckett, a McAfee & Taft attorney who represents employers in all facets of labor matters, was interviewed by The Oklahoman about a new National Labor Relations Board ruling that puts employers at a major disadvantage when faced with an upcoming union election.

“The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the employer to provide employee email address and phone numbers within two business days of the election petition being file, and postponing most disputes about the election — such as which employees are eligible to vote — until after the election is held,” said Puckett.

To combat such “ambush” or “quickie” elections, Puckett advises employers to be vigilant in addressing employee concerns before a petition is filed.