Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Monday, February 27, 2012

Late Receipt of Excelsior List Is Objectionable

Nlrb

Matter of The Ridgewood Country Club, 357 NLRB No. 181 (Jan. 3, 2012), is an interesting case and probably one of Member Becker's last cases. Under the Board's Excelsior Rule, the Employer is required to transmit a list of voters to the Regional Director who in turn must turn that list over to the Union. The Union must have that list for at least 10 days. Here, the employer timely turned the list over to the Regional Director who did not timely distribute it. The Union had the list for only four days and this was Objectionable and therefore, a basis to set aside the election.

Note, the Board's new election rules change this process by requiring that the employer directly submit the list to the Union.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2012/02/late-receipt-of-excelsior-list-is-objectionable.html

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