The National Labor Relations Board (“NLRB”) announced yesterday that all currently scheduled representation elections – including vote-by-mail elections—have been postponed until at least April 3, 2020 because of the ongoing COVID-19 crisis.  Here is what the NLRB had to say:

Due to the extraordinary circumstances related to the COVID-19 pandemic, the National Labor Relations Board today approved the suspension of all representation elections, including mail ballot elections, for the next two weeks effective immediately, through and including April 3, 2020. 

The Board deems this action necessary to ensure the health and safety of our employees, as well as those members of the public who are involved in the election process. Moreover, given the closure of several Regional Offices and limited operations and significant telework at others, the Board does not believe that it is possible to effectively conduct elections at this time. 

The Board will continue to monitor this evolving situation and determine whether additional extension of this suspension may be necessary. 

As the last sentence of the announcement indicates, it is not yet clear whether the NLRB will be in position to reschedule elections as we get closer to April 3.  If the postponement lasts into mid-April, one interesting question is which version of the NLRB’s election rules will apply: the existing Obama NLRB era “quickie election” rules or the new Trump NLRB election rules that replace them effective April 16, 2020.  Our best guess is that the “quickie election” rules will apply to elections that were petitioned for before the new rules go into effect even if the actual voting takes place after April 16, but we’ll have to wait and see to be sure.

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Photo of John Dudrey John Dudrey

John Dudrey is a partner in the firm’s Labor & Employment group. His practice focuses on wage and hour compliance, representation of employers with unionized workforces, and complex advice and counsel matters, in addition to general labor and employment practice.

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John Dudrey is a partner in the firm’s Labor & Employment group. His practice focuses on wage and hour compliance, representation of employers with unionized workforces, and complex advice and counsel matters, in addition to general labor and employment practice.

Click here for John Dudrey’s full bio.

Photo of Tim O'Connell Tim O'Connell

Tim O’Connell is a partner of Stoel Rives in the labor & employment and telecommunications law sectors. His practice includes collective bargaining, unfair labor practice and representation proceedings before the NLRB and public sector agencies, labor arbitrations, equal employment and discrimination cases before…

Tim O’Connell is a partner of Stoel Rives in the labor & employment and telecommunications law sectors. His practice includes collective bargaining, unfair labor practice and representation proceedings before the NLRB and public sector agencies, labor arbitrations, equal employment and discrimination cases before administrative agencies and courts, wrongful discharge litigation, wage and hour counseling and litigation, and general personnel management. He has also been actively involved in the rulemaking process, both drafting and negotiating new rules and leading litigation challenging agency action.

Click here for Tim O’Connell’s full bio.

Photo of Victor Kisch Victor Kisch

Victor Kisch is a partner of Stoel Rives LLP and chair of the Labor and Employment group, which includes approximately 40 attorneys in six states (Oregon, Washington, Idaho, Utah, California and Alaska). Victor represents management and employers only, and he has specialized exclusively…

Victor Kisch is a partner of Stoel Rives LLP and chair of the Labor and Employment group, which includes approximately 40 attorneys in six states (Oregon, Washington, Idaho, Utah, California and Alaska). Victor represents management and employers only, and he has specialized exclusively in labor and employment law for 23 years. He has handled over 75 trials, including trials before juries, judges, arbitrators, administrative judges and hearing officers. His practice focuses on wage and hour class actions and defending claims of discrimination, harassment, and wrongful discharge. He also maintains an active practice in the area of trade secrets and in traditional labor law matters. Victor is one of five Oregon employment attorneys elected as a Fellow in the College of Labor and Employment Lawyers; in 2008-2009, he is ranked in the first tier of Oregon Labor and Employment attorneys by Chambers USA (2009) and for several years, he has been listed in Best Lawyers in America and “AV” rated by Martindale-Hubbell. Victor is admitted to practice in Oregon, Washington and California.