In the past month the National Labor Relations Board formally adopted new rules which drastically hurt businesses by modifying representation and case handling procedures. The new rules go into effect April 30, 2012.

The Board adopted several provisions which limit an employer’s ability to challenge a unit’s appropriateness, penalize an employer if it does so, and essentially removes the Board from any involvement in a representation case until after an election takes place. This limits an employer’s free speech and due process rights by restricting its ability to communicate with employees after learning of union activity.

An employer’s ability to challenge a bargaining unit prior to an election is practically eliminated. With the inclusion of a reduced election period (potentially less than 25 days if units are challenged) the employer has a greatly reduced ability to educate employees on the costs and impact associated with joining a union once it is notified of an organizing effort.

Communication and training are key to avoiding the pitfalls associated with union organizing drives. Under the new rules, if you wait until a recognition petition arrives, it is already too late. Many times an organizing drive can be thwarted before it begins if you give employees an opportunity to learn the truth about organized labor.