In 2015 the NLRB revised its election rules. One of the new rules requires employers to provide unions with lists that include “available” phone numbers and email addresses of eligible employees. In RHCG Safety Corp., the employer provided the union with a voter eligibility list that did not include the employees’ phone numbers. In light of this omission and other factors, the Board ruled 2-1 to set aside the election result.
The employer had argued that it was not required to provide the union with the employees’ telephone numbers because it did not maintain those numbers on a computer database. The Board disagreed, stating that the rule requires employers to include all available telephone numbers, regardless of how the numbers are stored. Here, the Board found that the numbers were available because the employer’s supervisors regularly called employees about work on their cell phones. The numbers therefore should have been provided to the union.