Use of Videoconference Technology To Conduct Unfair Labor Practice and Representation Case Proceedings

Issuing agencies

Abstract

The National Labor Relations Board ("NLRB," "Agency," or "Board") seeks public input on the use of videoconference technology to conduct, in whole or in part, all aspects and phases of unfair labor practice and representation case hearings and on potential amendments to its procedural rules regarding the use of videoconference technology. The Board's current Rules and Regulations provide for the taking of a single witness's testimony via video in an unfair labor practice proceeding upon a showing of good cause based on compelling circumstances. During the COVID-19 pandemic, the Board, through adjudication, sanctioned entirely remote hearings in both unfair labor practice and representation cases. The Board has no intention to permanently replace in-person hearings with virtual hearings. To the contrary, once conditions permit, the Board intends to resume conducting in-person hearings. But, based on the Board's experience during the pandemic, the Board is considering whether to retain virtual hearings as an option for future use. Accordingly, the Board solicits responses to targeted questions regarding, among other things, stakeholders' experiences with remote hearings during the pandemic; the benefits and/or drawbacks of using videoconference technology to conduct remote hearings; and the need for, and content of, potential amendments to the Board's rules regarding use of videoconference technology to conduct remote hearings.