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

With these changes, it would no longer be necessary for the Casehandling Manual to provide that
the union automatically receive time to use the post-direction or post-agreement voter eligibility list
because the union would have access to the relevant information earlier in the process. Given the
current practice of requiring ten days following receipt of the list before scheduling the election, the
regulations should state explicitly that the Regional Director shall not impose any minimum time period
during which the non-employer parties must have the list in their possession. Where, however, the postdirection
or post-agreement list includes employees besides those listed on the preliminary list, any non-
employer party, upon its prompt request after receiving the list, should be able to obtain a postponement
of the election to a date no later than 10 days after the party’s receipt of the list in order to have time to
talk to the newly included employees.
8. Waiver of the Requirement That an Election Not Be Held Until 10- days
After Provision of the Excelsior List
While no specific language to this effect is contained in the proposed rules, the NPRM at 36826
indicates that the Board would permit the waiver by parties whose name appears on the ballot, of the
existing practice, reflected in Model Interiors, Inc.
requirement that an election not be scheduled for a date less than 10-days after provisions of the voter
88 and Casehandling Manual § 11302.1, of the
list. We believe that allowance of such a waiver can facilitate the holding of timely elections so long as
it is clear that a party may never waive provision of the list itself. It would be beneficial to clarify that
Rule 102.62(d) only permits the parties in an election agreement to agree to a different timeframe for
provision of the list, and does not permit the waiver of the list itself or any of its contents. This is
consistent with Section 11312.1 of the Casehandling Manual which provides the “[t]he Board will not
permit waivers of the Excelsior rule with respect to furnishing either names or addresses.”
However, in general, rather than a waiver, we would prefer the provisions described in section 7,
above, in which the employer would provide a preliminary list within two days of the petition’s filing,
and post-direction or post-agreement a non-employer party could obtain additional time to communicate
with employees newly identified on the final list.
9. Time Period for Posting Final Notice to Employees of Elections
Proposed Rule 102.67(i) provides for a reduction from 3 days to 2 days in the minimum posting
period for the Final Notice to Employees of Elections. We believe that this adjustment is reasonable and
will work no prejudice to any employee or to the parties, particularly in light of the Rule’s requirement
324 NLRB 164 (1997).