The National Labor Relations Board (NLRB) held an open meeting on July 18-19 in Washington, D.C. for public comment on the Notice of Proposed Rulemaking on proposed changes to union elections.  The NLRB seeks to dramatically reduce the timeframe between the filing of a petition for union election and the actual date of the election. The proposed rules also limit the opportunity for a hearing of issues that may arise during the election period.

The hearing featured speakers primarily representing businesses and unions.  Harold R. Weinrich with Jackson Lewis LLP was among the presenters along with U.S. Chamber of Commerce and the Coalition for a Democratic Workplace.  Jackson Lewis serves as ALFA’s counsel on labor issues.  The hearing is seen by many, including ALFA, as a mere formality as we expect the NLRB to adopt their proposed rules.  ALFA will be submitting written comments in August to the NLRB stating our opposition to the proposed rules and will continue to be proactive in fighting this and other onerous proposals by the NLRB and the Department of Labor that strip employees and employers of their rights.  

The proposed rules in total will significantly restrict an employer’s ability and right to communicate with their employees; and deprive employees of critical information needed to make informed decisions regarding whether they wish to be represented by a union. The rules if adopted will also empower unions to more frequently conduct “ambush campaigns.” In many organizing campaigns, especially those directed at small businesses, ambush elections are often conducted months prior to a petition being filed. Businesses are often unaware that a campaign has been underway until a petition is filed. If the proposed rules are adopted, businesses will not have adequate time to properly respond to these ambush campaigns. These rules will especially hamper small businesses, which will probably lack the time and resources needed to adequately address these types of campaigns.

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