NTU urges Senators to vote “YES” on S. J. Res. 36, a joint resolution under the Congressional Review Act that would nullify new National Labor Relations Board (NLRB) election procedures that permit union organizers to hold “ambush elections.”
In December of 2011, NLRB issued a new rule that changed the timing of unionization elections by drastically reducing the window from announcement to voting to just ten days. Prior to this rule, elections were generally held as many as 38 days after announcement (still below the 41-day target issued by NLRB). This provided plenty of time for workers and employers to seek advice and express views on the matter. For small businesses without in-house counsel or prior experience dealing with federal unionization rules, this also provided a vital period within which they could register appeals and take a crash course in the complex and obscure labor laws governing the entire process.
The new ten-day window does not give sufficient time for businesses to secure counsel and eliminates procedural safeguards. For instance, appeals will only be settled after an election has already taken place, creating confusion within the workplace. It also erodes a worker’s right to make an informed judgment on what is a very important decision that will affect their future career, prosperity, family, and fellow workers.
At a time when the economy is struggling to recover, we should avoid enacting burdensome dictates like the NLRB ambush election rule and seek out more effective ways to protect worker freedom. Lawmakers could pursue that goal by ensuring that unionization elections are held with secret ballots, keeping elections fair and free of intimidation, and by encouraging “Right to Work” laws that prevent employees from being forced to join unions (thereby making participation voluntary).
Roll call votes on S. J. Res. 36 will be included in our annual Rating of Congress and a “YES” vote will be considered the pro-taxpayer position.
If you have any questions, please contact NTU Federal Affairs Manager Nan Swift at (703) 683-5700