ABC REGULATORY ALERT ---
PROPOSED NLRB "AMBUSH" ELECTIONS
The National Labor Relations Board (NLRB) has issued a proposed rulemaking that would cut the period for union representation elections (after a petition is filed) from an average of 38 days to as little as 10 days. This would severely limit an employer’s ability to effectively communicate the impact of unionization to its workers.
TAKE ACTION:
Prior to making this requirement final, the NLRB must solicit comments from the public—so the Board needs to hear from you. Strong opposition to this proposal will send a clear message to the NLRB and the Obama administration that these regulatory changes are unlawful, unnecessary and unfair.
Please download our sample comment letter as a starting point. Be sure to add any supplemental information about how this requirement would specifically affect your business. Personalized comments often have a significant impact. When completed, please submit your letter at regulations.gov.
1. Enter your first and last name in the corresponding fields, and enter the name of your company under “Organization Name.”
2. Enter a short introductory comment in the “Type Comment” field. Note: Due to character limits, you will not be able to cut-and-paste your entire letter here, but the system requires that something be entered in this field in order to proceed. Tip: Entering any character in the box will allow you to bypass this step and go directly to submitting your letter. It is perfectly acceptable to simply enter the following: “Re: Representation—Case Procedures; RIN 3142-AA08.”
3. Upload your completed letter (PDF and Word files are acceptable).
4. Submit!
Deadline for Submission: Aug. 22, 2011
BACKGROUND:
The NLRB’s proposal would overhaul the procedures surrounding secret ballot elections in union organizing campaigns, potentially reducing the amount of time between when a petition is filed and the election itself to 10 days. The drastic reduction in time could significantly impede an employer’s ability to educate its employees about the pros and cons of union representation.
The Board's proposal would make changes to the procedures that occur before and after an election is held. Some of the changes include:
• Requiring that any pre-election hearings begin within seven days of a hearing notice being served and that a post-hearing be held within 14 days of the final tally of votes in the election;
• Deferring until after the election litigation for eligibility issues that involve less than 20 percent of the bargaining unit;
• Eliminating pre-election appeals of NLRB regional director rulings and requiring all appeals be included in a single post-election request;
• Reducing from 7 days to 2 days the amount of time an employer is allotted to provide a list of eligible voters, in addition to requiring the list to be submitted electronically and include emails and phone numbers; and
• Requiring (with some exceptions) all parties and the NLRB to transmit election petitions and election notices electronically.
One member of the currently four-member NLRB, Brain Hayes, refused to join the majority in issuing the proposed rule and wrote a strong dissenting opinion criticizing it:
“[T]he majority has announced its intent to provide a more expeditious pre-election process and a more limited post-election process that tilts heavily against employers’ rights to engage in legitimate free speech and to petition the government for redress. The majority acts in apparent furtherance of the interests of a narrow constituency, and at the great expense of undermining public trust in the fairness of Board elections.”
Contact regulatory@abc.org with questions, or if you require assistance to take action.