Tag Archive: change

NLRB Votes To Change Representation Election Proceedings

In another significant, recent development, the National Labor Relations Board (NLRB) which keeps an eye on unfair labor practices has voted to change its rules regarding representation election proceedings. Representation election proceedings are elections in which employees of a company vote on whether or not they wish to be represented by a particular labor union. The NLRB is responsible for administering such proceedings. By making the changes outlined below, the NLRB voted to shorten the time frame between the filing of an election petition and the actual representation vote of the employees. The new rules will likely make it easier for unions to win representation elections and more difficult for employers to communicate with employees prior to the vote.

Specifically, the NLRB resolved to prepare a final rule to be published in the Federal Register that makes the following key changes to existing representation election procedures:

First, current procedures providing for pre-election appeals to the NLRB from the actions of the Regional Director on the election petition will be almost entirely eliminated. The new rules will provide for a single, discretionary appeal of pre-election and post-election issues after the votes are cast. Only a narrow avenue for pre-election appeals will remain: a pre-election appeal to the Board will be allowed on those issues that would otherwise escape Board review entirely if not raised at that time.

Second, current requirements that a representation vote by the employees cannot be held sooner than twenty-five (25) days after the Board’s Regional Director issues a “Direction of Election” (an NLRB Order directing that the representation vote will occur and providing guidance regarding how it will occur) will be eliminated. This generally means that elections will be held sooner after the Direction of Election is issued than is typically the case under the old rules.

Third, the Board will clarify that pre-election hearings will be held only to determine whether a question concerning representation exists. At the hearing, the hearing officer has authority to exclude evidence that does not have relevance to a genuine issue of fact material to that issue. As a result, many issues of individual voter eligibility (as opposed to voting unit composition) may be deferred to the post-election procedures rather than litigated prior to the vote. The parties will only have a discretionary right to file a post-hearing brief.

Some of the more controversial provisions of the original proposed rule were not adopted – for the time being. These include: (1) the requirement that a hearing be held within seven days of the filing of a union’s representation petition; (2) permitting the union’s petition to be filed electronically rather than filing by hand or regular mail; (3) the requirement that the employer prepare and file a comprehensive “statement of position” on the union’s election petition no later than the date of the hearing, with any other issues being waived if omitted from the position statement; (4) the requirement that unions be given employees’ email addresses and telephone numbers prior to the election (as opposed to merely a list of eligible voters with the employees’ full name and residential address); and (5) the requirement that the voter eligibility list be given to the union within two work days of the Direction of Election instead of the current rule allowing seven work days.

Even though some of the more controversial provisions were omitted from the proposed rule, it is clear that elections will now be held more quickly after the election petition is filed, although the precise time frames will differ in each case.

The NLRB will proceed to draft a final rule and will “defer the remainder of the proposed rule for further consideration.” This means that the more onerous parts of the proposed rule will likely be considered at a later time.

Document Preparation For Russian Visas Can Change Depending On The Length Of Stay

If you’re thinking about broadening your horizons by immersing yourself in a different culture, consider traveling to Russia, where you can drink in the atmosphere and accomplish any number of missions while visiting that rather massive and mysterious country so far from U.S. shores. If education is your most important motive for traveling to Russia, you will not be disappointed with the academic opportunities available to international students interested in pursuing a wide spectrum of disciplines, from physics and electrical engineering to aeronautics and Russian culture.

Many have made the journey to Russia after troubles among the superpowers eased and an improved political climate helped usher in a period when Westerners could more easily visit certain areas of the East for pleasure, education and business. Many have gained from the “detente,” or, easing of tensions, between the West and the former Soviet Union, and with the new openness between countries that were often in dispute in the past, many were attracted to the country’s sights, pageantry and cultural institutions that had previously been open to only a few foreign visitors.

You’ll find that document requirements for visitors have become a bit less complicated; however, those with US passports must still apply for an entry visa prior to making the journey to Russia in order to gain admittance, and that requires compiling some paperwork to satisfy the Russian government’s requirements for all visitors. You and your travel group (if you are traveling with a group) will possibly need help in getting Russian visas, and you can find all the aid you’ll need through The Passport and Visa Department (UVIR) of the Ministry of Internal Affairs, the Russian Embassy or Consulate or through specially authorized travel agents, who will help you dot all the “I’s” and cross all the “T’s”.

If you are readying to study in Russia and will therefore stay longer than a month, you will be required to have a student visa, of which there are two types: for a duration of up to 90 days and for a period of up to a year; you should decide how long you may stay in Russia, and then choose the kind of visa that best suits your needs. The three-month student visa you can obtain is a simpler to arrange document than the one you’ll have to file for a more extended stay, and you can apply for it with only a few extra papers that will accompany your application.

According to the Russian immigration regulations the 90-day visa is “Entry-Exit,” so there is no need to make a special “Exit Visa” when you leave the country, but it is usually impossible to extend this visa without leaving the country once you are in Russia, so, if you intend to stay in Russia for a longer period, you should apply for a long-term student visa that can be extended for a period of up to one year.

Which INS Forms to Use For Change of TN Status

The North American Free Trade Agreement (NAFTA) created for the United States, Canada and Mexico a special economic and trade relationship. According to this agreement, for involving themselves in business activities using the TN non-immigrant visa classification, qualified Canadian and Mexican citizens are permitted temporary entry to US. The TN workers are strictly allowed to stay in US only temporarily and they cannot further proceed to become permanent resident unless they change their status in order to be eligible for it but cannot apply for green card as a TN status worker.

TN worker after entering the U.S. may have to change to another non-immigrant visa status for work or study purposes. A change of status is applicable in case a TN status worker accepts a job not designated as TN occupation or for pursuing US green card change to the category which allows them to apply for permanent resident status.

Procedure to change TN status

Form I-129, Non-im- migrant Visa Petition should be completed, with the appro- priate supplemental form for the requested category if a TN worker is seeking to change status to a non-immigrant worker category (E, H, L, O, P, Q, or R). INS Forms I-539 should be used by family members of TN status workers applying to change to a non-immi- grant worker category for a change of status to the appropriate dependent visa status, submitted with Form I-129. Please get online help for more details on these work authorized visa categories and their corresponding dependent categories.

For other non-immigrant categories not listed above TN status workers seeking change should complete and submit Form I-539. In case even if a TN worker has lost job and wants time to wrap up things before leaving U.S. this Form I-539 would be appropriate.

TN worker cannot travel outside U.S. after change of status request has been filed else it will cause the application to become abandoned and will be denied subsequent application from USCIS. Traveling during the time period when the application is being processed before approval is allowed but should be avoided since problems arise when reentering U.S. if the inspecting officer is not clear on the specific situation. For instance when person currently entering in TN visa status to assume H-1B status in 2 months.

A TN worker should not travel out of the U.S. once a request has been filed to change status until after the request has been approved and the new status has taken effect. Prior to returning to the U.S., at that time, the foreign national will need to apply for a visa stamp in the new non-immigrant category.

Applying for a Green Card

The law strictly only allows the TN visa holder to come for temporary stay in the U.S. Re-entry to the U.S. once the Green Card application has formally been submitted by a TN work- er, certain issues may arise. A pending Green Card application is clearly contrary to the purpose of the TN visa category. Before beginning the Green card application process TN workers are strongly advised to first change to another non-immigrant status that fits their needs and also allows for the pursuit of U.S. permanent residency.