The New Year saw a number of trade associations jointly filing suit challenging the National Labor Relations Board’s recently issued ambush election rule.  Notably the “Coalition for a Democratic Workplace” (which ABC chairs) filed suit in the DC Circuit.   Other parties that have joined the law suit are the US Chamber of Commerce and the National Association of Manufacturers to name a few.  That’s a bright spot indeed, unfortunately if relief comes as a result, it will be a long way down the road and it will be too late for many business that got assaulted in the resulting organizing efforts. 
 
Remember, there has to be an injured party or business in order to have standing in the courts.  So this means the rule will go in to effect (April 14) and a flurry of new organizing activity will occur.  After a substantial number of “ambush elections occur” a track record of sorts will be established so the merits and demerits can be argued in court.  Then the Circuit Courts decision will be appealed as both parties have the wherewithal to carry it all the way to the Supreme Court.  In addition, both parties have the wherewithal to fight any stay order issued by a court to the NLRB.   Yes, in time the courts will have their say, but it will not be anytime soon.  It will come too late for the many business that got assaulted in the resulting organizing efforts along the way.  

So all the while union organizing activity will continue.  So the question is will we see an increase in union organizing activity?  I have no knowledge of additional “organizers” being hired, yet.  All I really know is when boys get new toys they like to play with them.  So yes I predict by late fall we will notice an uptick in organizing activity.  Union organizing activity doesn’t mean just an increase in ambush elections.  You will also see an increase in “salting” and filing of “Unfair Labor Practice” charges.  Is your business ready for that too?

So think again, just how are you going to prepare to handle this issue if it lands on your door step!  Will the current business practice of waiting until you receive a notice for an election to respond and do something about it still work?  Do you know that in cases where an election notice is received over 2/3’s of those situations the union wins the election.  A dismal track record for the current business practice of waiting to react.