Legislation would Effectively Prevent NLRB's Representation Election Rule From Moving Forward

As a preemptive strike against a final “ambush” representation election rule, Republican lawmakers in both chambers introduced legislation that would blunt its intended effects. In February, the National Labor Relations Board reissued its controversial proposal that would not only expedite union election procedures, but also fundamentally alter the way elections are carried out, and remove many employer due process rights. The reissued proposal was substantively the same as that initially introduced in June 2011, which triggered over 65,000 comments.  The Board will hold public hearings on this proposed rule in the coming weeks. 

In response, Sen. Lamar Alexander (R-TN) and Reps. John Kline (R-MN) and Phil Roe (R-TN) on Thursday introduced bills that would prevent several of the proposed rule’s provisions from materializing.  Specifically, the Workforce Democracy and Fairness Act would address many of the procedural aspects of the proposed rule, while the Employee Privacy Protection Act would create privacy safeguards for information employers are required to provide to unions during election campaigns.  Continue reading this entry at Littler's Workplace Policy Update.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.