NLRB Clips One More Day Off Some Employer Campaigns

The National Labor Relations Board has long had a rule forbidding parties to an NLRB election from holding mass captive‐audience speeches within the 24‐hour period prior to the start of the balloting. Where the election is conducted by mail‐in ballots, captive‐audience speeches have been prohibited from the time and date the NLRB region is scheduled to mail the ballots to voters continuing until the time and date set forth for the return of the ballots. In a new case, Guardsmark , 363 NLRB No. 103 (2016), the Board reset the clock with regard to mail‐ballot elections, cutting 24 hours from the time before an election the employer is permitted to give the last captive‐audience speech.