Today, the National Law Review published the following piece: NLRB Provides Clarity On Pandemic-Related Circumstances Justifying Mail-In Elections.
The decision provided that, when one or more of the following situations is present, a Regional Director should consider directing a mail-ballot election:
The Agency office conducting the election is operating under “mandatory telework” status;
Either the 14-day trend in the number of new confirmed cases of COVID-19 in the county where the facility is located is increasing, or the 14-day testing positivity rate in the relevant county is 5% or higher;
The proposed manual election site cannot be established in a way that avoids violating mandatory state or local health orders relating to maximum gathering size;
The employer fails or refuses to commit to abide by the Suggested Manual Election Protocols;
There is a current COVID-19 outbreak at the facility or the employer refuses to disclose and certify its current status; or
Other similarly compelling circumstances.
This guidance applies retroactively and provides much-needed clarity on the situations in which a mail-in election is appropriate.National Law Review