The National Labor Relations Board issued its final rule on “Fair Choice—Employee Voice,” which restores three NLRB policies that facilitate union organizing, including the NLRB’s policy on voluntary recognition in the construction industry.

First, the rule revives the NLRB’s prior approach to voluntary recognition in the construction industry, as reflected in case law. This would include restoring a six-month limitations period for election petitions challenging a construction employer’s voluntary recognition of a union under Section 9(a) of the NLRA, as established in Casale Industries. It would also include the principle established in Staunton Fuel that sufficiently detailed language in a collective-bargaining agreement can serve as sufficient evidence that voluntary recognition was based on Section 9(a) of the Act.

Second, the rule reinstates the board’s long-established “blocking charge” policy, as most recently reflected in a 2014 rule. Under this approach, when unfair labor practice charges are filed while an election petition is pending, a regional director may delay the election if the conduct alleged threatens to interfere with an employee’s free choice.

Finally, the rule eliminates the required notice-and-election procedure triggered by an employer’s voluntary recognition of a union, based on a showing of majority support among employees. The final rule is effective on Sept. 30 and will only be applied to cases filed after the effective date.