NLRB Freezes Elections After Virus Shutters More Offices

By Braden Campbell
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Law360 (March 19, 2020, 12:12 PM EDT) -- The National Labor Relations Board on Thursday suspended all union elections for two weeks, hours after announcing that it had closed its Cleveland and New Orleans offices as a worker in each branch undergoes testing for COVID-19.

The election freeze, which applies to in-person and mail-in votes, is "necessary to ensure the health and safety" of agency workers and the public, the agency said.

"Moreover, given the closure of several regional offices and limited operations and significant telework at others, the board does not believe that it is possible to effectively conduct elections at this time," the agency said. It added that it will "continue to monitor this evolving situation" and may extend the suspension.

The agency previously closed its Manhattan, Chicago and Detroit offices following the "possible COVID-19 exposures" of a worker in each office, and it closed its Washington, D.C., headquarters last week after a worker had "close contact" with someone who tested positive for the coronavirus.

Individuals needing help from the Cleveland office should contact the board's Pittsburgh branch, and those needing help in New Orleans should contact Memphis, the board said.

"The agency is taking this step to ensure the health and safety of our employees and the public," it said.

The closures come days after the agency told workers nationwide to telework, though it is maintaining "minimal staffing" in its open offices to send and receive mail. The Equal Employment Opportunity Commission also told workers to telework, but it is likewise maintaining a modest workforce for mail purposes. The agency has been taking in worker bias complaints by phone since last week.

The U.S. Department of Labor also suspended some operations Thursday, announcing that it had frozen "all hearings and procedural deadlines" in its administrative courts through May 15, with "limited exceptions." 

The agency has also partially transitioned to telework. As of Wednesday, the DOL had "authorized all agency heads to maximize telework nationwide," a spokesperson said. The agency previously said it would allow workers in the Washington, D.C., area to telework "to the extent possible" through Friday. The agency did not immediately provide an update Thursday.  

--Editing by Alyssa Miller.

Update: This story has been updated with details about the election freeze.

For a reprint of this article, please contact reprints@law360.com.

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