NLRB Approves "Ambush Election" Policy

NLRB Approves "Ambush Election" Policy
In a decision, which was rushed to completion before the term of one of its members expired, the NLRB approved new organizational rules which would fast track union elections and limit the ability of employers to communicate with employees. The rule, which has been opposed by numerous business groups, would take effect on April 30. In response to the rule, Rep. John Kline (R-MN), Chairman of the House Education and Workforce Committee, stated "Ignoring the will of Congress and objections raised by countless organizations representing workers and employers, the NLRB has chosen to deliver a final ambush election rule to its Big Labor allies- just in time for the holidays."

The U.S. Chamber of Commerce and Citizens for a Democratic Workplace, of which HARDI is a member, have filed suit to prevent the enactment of these aggressive workplace regulations.

NLRB delays posting requirement

The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in response to lawsuits from multiple trade associations questioning the authority of the NLRB to institute such a rule. The rule was scheduled to take effect on November 11, 2011, but has been delayed until Jan 31, 2012.

The rule requires employers to notify employees, via a poster in the workplace, of their right to organize under the National Labor Relations Act. In addition to the physical posting, employers may have be forced to communicate this information via email, internet or company intranet site. If more than 20% of a company's employees are non-English speaking, the company must make bi-lingual versions of the poster available.

HARDI has strongly opposed the NLRB's action and will continue to monitor the legal status of this rule.

NLRB issues final rule on Posting Requirement

The National Labor Relations Board (NLRB) today issued a final rule which will require employers to notify employees, via a poster within the workplace, of their right to organize as provided by the National Labor Relations Act. The ruling will become effective November 14, 2011 and does not mention an employee’s right to oppose unionization.

In addition to the physical posting, the rule requires employers to post the notice on an internet or intranet site if personnel rules and policies are customarily posted there. Employers are not required to distribute the posting by email, Twitter or other electronic means.

If more than 20% of employees are non-English speakers, an employer will be required to provide a translated version of the posting in the appropriate language.

If an employer knowingly and willfully fails to post the notice, the failure may be considered evidence of unlawful motive in an unfair labor practice case involving other alleged violations of the National Labor Relations Act.

HARDI will continue to update its members on the requirements of this ruling.

HARDI supported bill aimed at the NLRB passes House Committee

The Protecting Jobs from Government Interference Act (H.R. 2597) has passed through the House Committee on Education and Workforce this week. This legislation, which HARDI along with a coalition of businesses and associations strongly supported, would "prohibit the National Labor Relations Board from ordering any employer to relocate, shut down, or transfer a business under any circumstance."

The NLRB has come under fire for an aggressive string of rulings and proposals. A current proposal by the NLRB would shorten election times for the formation of Unions, thereby limiting the amount of information that employees may receive before making this monumental decision. Such "Quickie" elections are strongly favored by Labor Unions.

H.R. 2597 is expected to pass a vote of the entire House and will then move to the Senate.

NLRB & Dept. of Labor proposals are troublesome

In what can best be describes as Christmas in June for organized labor, the National Labor Relations Board and the Department of Labor issued, on consecutive days, proposals which could hamper businesses and will undoubtedly help unions.

The NLRB's proposal would pave the way for a shorter time frame in which union elections would be held. Rep. Joe Kline (R-MN), Chairman of the House Committee on Education and Workforce stated “Not only will this misguided proposal to expedite union elections undermine an employer’s lawful right to communicate with his or her employees, it will cripple a worker’s ability to make an informed decision.”

The Department of Labor's proposal would require companies to disclose those who assisted in preparing communications to employees regarding unions.

Both of these items represent major shifts in policy and HARDI will continue to advocate for policies that protect both employers and employees.

HARDI signs on in support of Job Protection Act

HARDI, in collaboration with Citizens for a Democratic Workplace, has signed on in support of the Job Protection Act (H.R. 1976 & S. 964). This legislation preserves the federal law’s current protection of state right-to-work laws in the National Labor Relations Act, and provides necessary clarity to prevent NLRB from continuing to overreach and impede on the rights of employers and employees.

To view the letter, please click here .

HARDI signs on to case before the NLRB

Today, HARDI signed on to a brief that was filed by the Coalition for a Democratic Workplace (CDW) for a case before the National Labor Relations Board - Specialty Healthcare and Rehabilitation Center of Mobile and United Steelworkers, District 9, 356 NLRB No. 56 (2010).

The major issue in this case is whether Labor Unions can disenfranchise workers who may oppose joining a union. This action would allow unions to select voters for elections and would change rules that have been in place for over 50 years.

HARDI will continue to monitor and speak out on important issues before the NLRB.

Adminstration tells NLRB to back off

After initially supporting the NLRB against proposed budget cuts from the House, the Huffington Post is reporting the Administration has moved away from that support and told the NLRB to tone down its adversarial rhetoric towards the House. Read the story here.