The National Labor Relations Board (NLRB) published Thursday an Advanced Notice of Proposed Rulemaking, seeking public comment on the continued use of videoconference technology.

Throughout the COVID-19 pandemic, the NLRB has held most hearings remotely. While the Board stated that it intends to resume hearings in person once conditions permit, it is considering whether to retain virtual hearings as an option in appropriate future situations.

Unfair labor practice and representation case hearings have historically been held in person. In 2008, the Board approved a pilot program for the use of video testimony in limited circumstances involving remote witnesses, parties, or hearing officers. This rule was made permanent in 2011. In 2017, the Board set standards for witness testimony through video transmission, allowing the remote testimony “upon a showing of good cause based on compelling circumstances, and under appropriate safeguards.”

Due to COVID-19, the Board began using videoconferencing for most proceedings in April 2020. It was determined in May that the COVID-19 pandemic constituted “compelling circumstances” warranting remote hearings. In its notice for rulemaking published Thursday, NLRB noted that it is just one of many agencies operating remotely.

The Board is seeking comments specifically addressing stakeholders’ experiences with these remote hearings, including benefits and drawbacks of using the technology for remote hearings and any potential amendments needed to the NLRB rules to incorporate videoconference technology for remote hearings.

Comments can be submitted by mail or electronically before January 4, 2022.