Solomon Issues Guidance Memorandum On NLRB's Representation Case Rule Changes

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By Lawrence E. Dubé


National Labor Relations Board Acting General Counsel Lafe E. Solomon issued a guidance memorandum (Memorandum GC-04) April 26 describing procedures regional offices will use to implement changes in NLRB representation case regulation, which took effect April 30.

NLRB supplemented the memorandum by posting on its website answers to frequently asked questions about the new rule provisions.

After receiving more than 65,000 comments on a rulemaking proposal, NLRB members voted 2-1 to approve representation case rule changes, which were published in the Federal Register Dec. 21, 2011 (76 Fed. Reg. 80,138; 63 BTM 1, 1/3/12).

Senate and House Republicans introduced resolutions under the Congressional Review Act, attempting to block the rule from taking effect. The effort was defeated April 24 when the Senate voted 54-45 not to proceed to final action on the resolution.

Text of the memorandum is available at The board's FAQ page is available at

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