Employment Law This Week (Episode 76: Week of June 19, 2017) has released bonus footage of its interview with Kat Paterno, an Associate at Epstein Becker Green.
As Ms. Paterno discusses, the National Labor Relations Board's 2015 “quickie election” rules require employers to give a union “available” home and cell phone numbers and personal email addresses for all employees eligible to vote. In this case, an employer did not provide the union with employee phone numbers because the employer did not maintain them in any formal database or system. The union filed objections after the vote, noting that some supervisors at the company did have phone numbers of certain employees stored in their cell phones. The NLRB ruled that the company had failed to comply with the new election rules. This interpretation shows that employers must provide any and all phone numbers, even if they are not actually maintained in the company’s records.