From SCDigest's On-Target E-Magazine
- Feb. 12, 2014 -
Supply Chain News: NLRB Brings Back "Ambush" Election Rule Proposal, Other Changes Opposed by Business
Proposed Changes would Force Union Votes in 10-21 Days, Giving Companies Little Time to Mount Anti-Union Campaign
SCDigest Editorial Staff
"They're back" - the National Labor Relations Board this week re-proposed a series of controversial changes to current labor law that will once again have business interests solidly against them - but that is unlikely to matter in the end.
SCDigest Says: |
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The proposed changes come of course as union membership in the US private sector continues to tumble, down to something like 6.7% in 2013. |
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What Do You Say?
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The provision most opposed by business will be one that would dramatically shorted the period from when a union has enough support to call for an election and when that vote actually takes place.
Currently, the vote must be held within a "reasonable" period, though labor interests say companies often file motions legally contesting various aspects of the vote, such as who is eligible, that can drag the process on for months. However, on average a vote is taken after 38 days.
Under the new NLRB proposal, the election would need to be held within 10-21 days of the when an upcoming election is first announced. Opponents have used such terms as "microwave" or "ambush" elections to describe this process, which is believed to greatly favor unionization, as the union may carry some momentum from the just completed effort to force an election, and the company will have little time to mount a campaign to convince workers to vote No.
This is the second time the NLRB has proposed this and other changes. It voted to approve the changes in 2011, but with only two of its five members present, due to board vacancies and one Republican member who refused to vote.
A legal challenge from the US Chamber of Commerce ended in a court decision invalidating that change (and other NLRB) votes, and the NLRB did not appeal that ruling. But it is back in 2014 with basically the same set of rule changes on the table.
Faster Election not Only Important Change
While the much faster election period is the new proposal garnering the most attention, there are other changes that would also favor unions. Those include:
• Forcing companies to provide unionizers not only the names and mailing addresses of workers, but also now company email addresses and home phone numbers
• Changing the process such that legal actions by a company challenging aspects of the vote can only be filed after the vote is completed, and that all such motions must be consolidated into a single appeal
The NLRB will hold public hearings on the issue in early April, with a vote sometime not long after that. It is almost certain the three Democrat members of the board will vote to approve the new measures over the No votes of the two Republican members.
(Manufacturing Article Continued Below)
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