RILA Conference

Background

While the NLRB attacks on Boeing and their ongoing effort to institute “ambush” elections have been well publicized, the creation of micro-unions slipped through quietly. In fact, the prospect of multiple mini-unions within a larger workforce would have a dramatic effect on businesses by undermining employee morale, and stifling job creation at a time when we can least afford it.  

The National Labor Relations Board’s August 2011 decision in Specialty Healthcare gives unions the ability to cherry pick small subsets of employees who are inclined to organize, regardless of whether those employees constitute a practical bargaining unit (e.g., cashiers, stock room personnel or other job categories).  The Board’s ruling in that case reversed 50 years of well-established law and radically changed the standard for determining which employees should be included in a bargaining unit represented by a union.

Implications

Imagine an apparel store where associates in the men’s department couldn’t help a customer in the women’s department, or a hardware store where workers assigned to the gardening center may not service customers in plumbing.  Similarly, workers from one store location could not pick up shifts at another if different units represented the stores in the different locations. Today’s environment is challenging enough for workers without government fostered barriers that cripple productivity and hamper opportunities. Potential legal remedies are burdened with procedure and appeals that could take years to conclude.

Solution

Unlike other NLRB decisions that have been considered and addressed by the courts, no reasonable legal options exist to appeal the micro-unions decisions before it affects workplaces across the United States. This uncertain outcome is something that simply cannot be left to chance. Therefore, Congressional action is critical – the time for Congress to act is now.

In November, the U.S. House of Representatives passed H.R. 3094, The Workforce Democracy and Fairness Act, which overturns both the ambush elections rule