On December 22, 2011, the National Labor Relations Board (NLRB) issued a final rule implementing elements of a controversial union representation election proposal, which is currently slated to go into effect on April 30, 2012. In response to the final rule, the ABC-led Coalition for a Democratic Workplace (CDW) has already filed a legal challenge to block the rule. 

The final rule contains certain provisions of a June 2011 proposed rule that ABC strongly opposed because such “ambush” style elections would significantly limit an employer’s ability to educate employees about the pros and cons of union representation. Under the original “ambush” elections proposal, the amount of time between when a petition is filed and a union election takes place would have been reduced from the average of 38 days to as few as 10 days, as the Board would have required pre-election hearings within seven days and provided employers only two days to produce contact information for employees.  Under the modified rules, the Board disposed of the rigid seven- and two-day requirements, but limited the issues an employer can raise at a hearing as well as the employer's opportunity for appeals.  The impact will still shorten election time frames, with experts estimating elections within 14 to 24 days. 

The NLRB expedited publication of the “ambush” election rule in an attempt to get it finalized before NLRB Member Craig Becker’s term expired on Jan. 1, 2012. The decision to proceed with the proposal in this manner garnered opposition from employer groups (including ABC), and in November, a letter was send criticizing the move to John Kline (R- Minn.), chairman of the U.S. House of Representatives Education and the Workforce Committee. Hayes was the sole dissenting voice on the NRLB Board when the proposal was initially issued, and a strongly-worded dissent is expected before the rule goes into effect. 

ABC is reviewing the final rule and continues to be involved in the legal challenge. We will provide additional information to members as it becomes available.

RESOURCES:

·        Final Rule on Representation-Case Procedures

·        NLRB Release

·        Summary of Amendments Included in Final Rule