New union election rules create an expedited timeline for dispensary operators – Armstrong Teasdale LLP

Missouri Greenway

December 22, 2023 Publications

The National Labor Relations Board (“NLRB” or the “Board”) has issued new quick election rules that will take effect on December 26, 2023.

Previously, union organizing campaigns typically followed a predictable process. First, the union would obtain “authorization cards “signed by employees, authorizing the union to act as their representative.   After a majority of the employees in the particular group seeking to be organized (the “bargaining unit”) sign authorization cards, the union would ask (or demand) that the company “recognize” that the union represented a majority of its employees.  In response, the company had three choices: (1) voluntarily recognizing the union; (2) asking a neutral third party to verify the validity of submitted authorization cards; or (3) refusing to recognize the union based on doubt that they actually represented a majority of employees.  This third alternative would force the union to petition the NLRB, which would then conduct a secret ballot election.

The previous NLRB union organizing rules allowed at least three weeks after a petition was filed for both the union and the company to campaign before a secret ballot election would be held.   In some cases, legal disputes

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