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NLRB Ambush Election Rules Symbolically Scolded By US Senate

March 6, 2015

By Michael G. McClory

NLRB Ambush Election Rules Symbolically Scolded By US Senate
As many of you know, last month the NLRB proposed new “ambush election rules.”  Among other things, the Board replaces existing procedures with rules that allow for expedited elections.  Not only will elections occur quicker, but the rules would limit an employer’s notice of organizing efforts, limit an employer’s ability to communicate with employees about issues relevant to the organizing effort, and limit an employer’s pre-election and post-election appeal rights.
To no one’s surprise, in its press release announcing the Notice of Proposed Rulemaking, the Board whistles as it attempts to slide past the graveyard.  The Board labels the proposed rules as “Representation-Case Procedures” and euphemistically explains that the intent is to “remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation.”  Some would say that the “unnecessary barrier” being removed is full disclosure to employees about the decisions that union organizers are pressuring them to make.
Senate Action This Week
Immediately after the Board proposed these rules, the United States Senate began considerations of S.J.Res.8, a joint resolution titled “A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures.”  The express purpose of the resolution is: “Disapproves and nullifies the rule submitted by the National Labor Relations Board and published December 15, 2014, relating to representation case procedures.”  On Wednesday of this week the Senate approved the resolution by a 53-45 vote.  Although the resolution is likely to be favorably received in the House of Representatives, President Obama almost certainly would veto any resolution that makes it to the White House.
Bullard Workshop: Election by Ambush
On April 1, 2015 Jenn Sabovik and Kent Pearson of Bullard Law will be presenting an interactive workshop titled ELECTION BY AMBUSH: THE NEW NLRB RULES AND IMMEDIATE STEPS EMPLOYERS SHOULD TAKE.  The workshop will be a high-level discussion about the NLRB election rules, which become effective April 14, 2015.  Attendees will hear how these rules dramatically change the landscape of union organizing, will learn about steps to take right now, and will learn how to avoid being ambushed by a quickie election. 
To register for the Bullard Workshop, click here.
Best regards,
The Bullard Edge