NLRB Pushing Forward Union-Friendly 'Ambush Elections' Rule

The National Labor Relations Board announced this morning that it’s moving to finalize its rule to shorten the length of time in which a labor union certification is held.

These “ambush elections” could be rushed through in as little as 10 days.

“With a Senate-confirmed five-member Board, I feel it is important for the Board to fully consider public comment on these proposed amendments, along with the comments we previously received in 2011. These amendments would modernize the representation case process and fulfill the promise of the National Labor Relations Act,” Board Chairman Mark Gaston Pearce said in a statement.

“No final decisions have been made. We will review all of the comments filed in response to the original proposals, so the public will not have to duplicate its prior efforts in order to have those earlier comments considered. Re-issuing the 2011 proposals is the most efficient and effective rulemaking process at this time,” Pearce added.

According to the NLRB, the proposal would:

• allow for electronic filing and transmission of election petitions and other documents;
• ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
• streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
• include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
• consolidate all election-related appeals to the Board into a single post-election appeals process.

“Unnecessary delay and inefficiencies hurt both employees and employers. These proposals are intended to improve the process for all parties, in all cases, whether non-union employees are seeking a union to represent them or unionized employees are seeking to decertify a union,” Pearce said. “We look forward to further exchanges of ideas to improve the processes in a way that will benefit workers, employers and all of the American people.”

Sen. Lamar Alexander (R-Tenn.) said the proposal stinks.

“Ambush elections are one more example of how the Obama National Labor Relations Board continues to be more of a union advocate than an umpire,” Alexander said. “The D.C. Federal District Court already struck down the administration’s last attempt to rush through ambush elections.”

“This latest effort is a political power play on behalf of unions that makes an end run around employers and forces workers to make decisions without all of the facts.”