Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

Summary

The National Labor Relations Board's Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board's final rule rescinded portions of a Trump-era 2020 rule affecting employer recognition of unions in the construction industry, blocking charge procedures, and the voluntary recognition bar.