Host, Nina Woodard, Past President, San Diego Society for Human Resource Management
Guest, Ms. Hollis R. Peterson, Senior Counsel, Procopio, Cory, Hargreaves & Savitch LLP
Ms. Hollis R. Peterson / hollis.peterson@procopio.com / www.procopio.com

01: History and Overview of the NLRB
Host Nina Woodard and guest Hollis Peterson discuss the National Labor Relations Board, a federal
agency that protects the rights of employees in the private sector. This extends to all employees of the
private sector, regardless of whether they have a union representing them or not. Hollis goes into
further detail concerning the systems by which the NLRB achieves its aim including its members,
leadership, the process of filing an unfair labor practice charge, and possible outcomes of a ULP hearing.

02: Electronic Communication Policies in the Workplace and Purple Communications
Nina and Hollis continue their discussion of the National Labor Relations Board and issues facing the
NLRB in 2015, specifically a ruling from last month called Purple Communications. This ruling
determined that employees have a presumptive right to communicate about union organizing matters
via business emails. This is considered a historic ruling because up to this point, employers assumed
that they had policing controls over company communications. As such, employers need to look at their
electronic communications policies and modify them as such.

03: The Ambush Election Rule
Nina and Hollis continue their discussion of NLRB rulings that will affect 2015 through a discussion of the
Ambush Election Rule (AER). The new ruling affects the election process by requiring employers to give
an almost immediate reply to a workforce electing to unionize. In the past, employers could stage a pre-
election hearing before the election happens. Additionally, there was no time frame for such a hearing.
With the introduction of the AER, the employer must stage the hearing within 8 days of receiving the
notice and additionally file a mission statement before the hearing. If such a statement isn’t filed and if
the employer cannot defend his point, then he is considered to have abstained from arguing against the
union.

04: The Future of the NLRB
Nina and Hollis continue their discussion of the NLRB’s recent Purple Communications and Ambush
Election Rule. Both advocate drafting a mission statement and defenses of the same in order to prepare
for possible unionization so as to be ready in advance. The pair also discuss the NLRB moving forward.
The NLRB has been controlled by the Democrats since at least 2010 and, barring any major changes, will
continue to be for the foreseeable future. This means that employers should expect pro-union policies
until at least 2019. The core issue is that the NLRB is too partisan, swinging politically with every new
administration. Recently Senate Minority Leader Mitch McConnell has presented the NLRB Reform Act,
which is designed to help rectify some of the partisan issues with the board, opening a public
dialogue on the functioning of the NLRB. The segment closes with recommendations for employers.

until at least 2019. The core issue is that the NLRB is too partisan, swinging politically with every new
administration. Recently Senate Minority Leader Mitch McConnell has presented the NLRB Reform Act,
which is designed to help to rectify some of the partisan issues with the board, opening a public
dialogue on the functioning of the NLRB. The segment closes with recommendations for employers.

1 History and Overview of the NLRB
2 Electronic Communication Policies in the Workplace and Purple Communications
3 The Future of the NLRB
4 The Future of the NLRB