On February 26, 2008, the National Labor Relations Board proposed a rule that would allow a new type of “consent” election procedure for a Board-conducted election.

The new rule would permit an employer and a labor organization to file a petition jointly for certification consenting to an election. In contrast to the other voluntary and non-voluntary election procedures, which require at least a 30 percent showing of employee interest, this proposed rule requires no showing of interest among employees.

The petition would provide the election date, place and hours; a description of the parties’ agreed-upon appropriate bargaining unit; the payroll period for voting eligibility; and the full names and addresses of employees eligible to vote in the election. The proposed election date must be within 28 days from the petition filing date. If the petition lacks any necessary information, the regional director will advise the parties and request that the petition be corrected.

Within three days of the docketing of the petition, the regional director will advise the parties of his or her approval of the petition. Absent “extraordinary circumstances,” the parties’ agreement as to date, place and time of the election will be approved. Within three days of docketing, the regional director will also send to the employer official NLRB notices to post in conspicuous places informing employees of the joint petition for certification and the date, place and time of election. The employer must also post copies of the Board’s official Notice of Election in conspicuous places at least three full working days prior to the day of the election.

Unfair labor practice charges would not block the election, but would be handled in conjunction with any post-election proceedings. All election and post-election issues would be resolved by the regional director, with no appeal to the Board.

All written comments must be received by the Board on or before March 27, 2008. Comments should be sent to the Office of the Executive Secretary, National Labor Relations Board, 1099 14th Street, NW, Room 11600, Washington, DC 20570-0001.