National Association of Manufacturers
Early this morning the National Labor Relations Board (NLRB) finalized its ambush election rule, originally proposed in June. A copy of the final rule can be found here. The rule, which the NAM opposes, may effectively shorten the amount of time in which union certification elections take place and could allow votes to occur in as little as 20 days. This is a continuation of dramatic overreach by the NLRB that is harming job creators. The Coalition for a Democratic Workplace, of which the NAM is a leading member, immediately filed a legal challenge to this rule in the federal court in Washington, D.C.
As we anticipated, the final rule, which will go into effect April 30, 2012, is similar to what the Board discussed in a public meeting on November 30. While scaled down from the original rule, the final rule still remains harmful to employers. Specifically, the rule would alter what types of pre-election hearings can be held (such as who is even eligible to vote in the election) and what types of appeals can be filed prior to an election. If certain matters can be discussed only after an election is held, these matters will often become moot, leaving the employer with no voice to be heard prior to the election. The rule also appears to shorten the time between a petition for certification being filed and the election being held. If most pre-election matters will be deferred until after the election, the election itself could take place on a very quick time frame.
We continue to explore all options the NAM has available to stop this attack on workplace election procedures and will notify you of any new information. If you have any questions, please contact me at (202) 637-3127 or Amanda Wood, Director, Human Resources Policy at (202) 637-3128.
Vice President, Human Resources Policy