After a year on the books, the National Labor Relations Board’s controversial union election rule has sped up election procedures but hasn’t led to the spike in representation petitions or increased union election wins that management-side lawyers had initially feared.

Steven W. Suflas, managing partner of Ballard Spahr LLP’s Denver office, said he doesn’t believe such an increase is likely to occur in the second year the NLRB’s rule is in place. “The rule was not a surprise; everyone knew it was coming,” Suflas said. “If there were unions that were really going to exploit the rules to file petitions, they would have done so already.”


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