ILMA Compoundings - January 2020 - 33

it prevents the director from certifying
the election until either the end of the
appeal period or proceedings on topics
raised in the appeal request.

3. The petitioner must file its opposition before noon the day before
the election direction hearing;
4. Fourteen business days after the
petition, a hearing on the election
occurs, hopefully with disputes
ironed out and positions clarified;

CONCLUSION
While not repealing the 2014 ambush
rules, the effective date of the NLRB's
rule changes is April 16. The revised
procedures will hopefully restore some
balance and result in fewer ambushes to
workers and employers alike, and without forcing all parties into fast-moving
positions that may not be fully fledged
or understood at election time.
Barring unexpected changes, the
process will look roughly as follows:
1. Petitioner obtains 30% of worker
signatures and files petition for
union representation with the
NLRB and the employer;
2. The employer has eight business
days to file a statement of position
and five days to provide employees
with notice of election;

5. The NLRB regional director schedules the elections minimally 20
business days after the initial filing;
6. If the union wins, employer has
14 days to appeal the election to
the NLRB;
7. If no appeal is filed or the employer loses its appeals, the NLRB
certifies the union victory as an
exclusive labor bargaining unit.
Levetown serves as
associate counsel to ILMA
through Bassman, Mitchell,
Alfano & Leiter Chtd.
He may be reached at 202-466-6502
or mlevetown@bmalaw.net.

Continued from page 30
Next, try to collect, or at least have
access to, current proof of use in
commerce for all goods and services
listed in the trademark registration. If
you are collecting proof of use online,
make certain to record the URL and
the date the website was accessed.
When you print out the online records,
make sure the date is on the document.
Lastly, when responding to a
USPTO audit, describe clearly in
any declaration or response what is
shown for each submitted proof of use.
Remember that when trademark filings are submitted, the owner certifies
to the factual statements in the filing.
Some advance preparation on trademark renewal filings can avoid headaches
down the road. Best for 2020.
Leiter serves as general
counsel to ILMA, representing
the Association since 1981.
He may be reached at
202-466-6502 or jleiter@bmalaw.net.

ADVERTISERS INDEX
COMPANY NAME

AD PAGE #

CONTACT

PHONE

EMAIL

Afton Chemical Corporation

25

Jocelynn Hart

804-788-5800

jocelynn.hart@aftonchemical.com

Allegheny Petroleum Products Company

31

Barbara Kudis

412-829-1990

bkudis@oils.com

Inside Front

Kathy Potts

601-933-3148

kathy.potts@ergon.com

Heritage - Crystal Clean

13

Matt Munz

317-474-9475

matt.munz@crystal-clean.com

HollyFrontier Lubricants & Specialty Products

5

Robert Plummer

484-362-0610

robert.plummer@hollyfrontier.com

Infineum UK

19

Paul D'Ambrosio

908-474-5993

paul.d'ambrosio@infineum.com

Ergon, Inc.

Motiva
Pure Performance® Base Oils
Radco Industries, Inc.

Back Cover
23
Inside Back

Colleen Murphy Smith 713-427-3392

colleen.smith@motiva.com

Russell Boone

832-765-1763

russell.boone@p66.com

Michael Damiani

630-232-7966

mdamiani@radcoind.com

33
ILMA Compoundings - January 2020

Table of Contents for the Digital Edition of ILMA Compoundings - January 2020
