formal comments to the Board's proposed rule. - SEIU

We believe that the ability of the regional director to issue a direction of election prior to the
issuance of a decision, as contemplated by proposed Rule 102.67(b) can be instrumental in facilitating
the conduct of a timely election. Refinement of the factors to be taken into account in determining the
earliest date practicable for the holding of an election is, in our judgment, best left to development
through R-case Board decisions.
7. Service of Voter List
Proposed regulations §102.62(d) and 102.67(j) require the employer to provide a voter list
than the current seven days —
the regional director’s election agreement
approval or election direction. This advances the proposed regulations’ purpose of decreasing the time
from petition to election. However, this purpose may be further advanced by requiring a preliminary
eligible voter list within two days of the petition’s filing. A two day post-petition requirement would, in
within two days —
rather
many cases, render unnecessary the time for the union’s use of a list post-agreement or post-direction,
now a mandatory 10 days.
after
86 Additionally, early list receipt would assist the union in negotiating an
election agreement. Specifically, if the employer insists that a group of employees be explicitly
included or excluded, the union frequently needs to be able to contact the employees at issue to better
determine employee unit placement, which earlier provision of the voter list would greatly facilitate.
Under current practice and the proposed regulations, the employer is and will continue to be
required to produce employee lists early in the proceedings. Casehandling Manual §11025.1 provides
that the employer “should be advised to submit a payroll list,” and is expected to supplement the list
“[a]s the case develops and other unit contentions are made.” While the region uses this list to check the
interest showing, it is not given to the union. The proposed rules would require the employer to provide
the union with an employee list but only if a hearing is necessary;
provided to the Regional Director only.
87 contact information would be
We propose that the employer should include in the preliminary list employees’ contact
information, and should provide the list to the union within two days of receiving the petition. Its failure
to serve and/or file the list should be objectionable conduct. The regulations should assure the union
that, in accepting an election agreement, it would not be bound by what the employer might place in its
preliminary list. And, if the case goes to a pre-election hearing, the employer should be permitted to
submit an amended preliminary list at the beginning of the hearing. With modern computer technology
and electronic communication, the employer cannot reasonably contend that such timeframes are
burdensome because, in most cases, it will simply involve the modification and updating of the
preliminary list submitted along with its Position Statement pursuant to proposed Rule 102.63(b).
86 Casehandling Manual § 11302.1, 11312.1.
87 See Proposed Regulation §102.63(a)(1).
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