Congressional indifference towards Big Labor’s top priority, the Employee Free Choice Act (EFCA), has resulted in a flurry of related activity within the Obama Administration as union leaders have focused their efforts squarely on the regulatory process. Actions taken by the DOL, NLRB and the Equal Employment Opportunity Commission (EEOC) will have a dramatic effect on the employer-employee relationship.
National Labor Relations Board
The NLRB engaged in a rulemaking to produce ambush elections, shortening the time before a union election and dramatically undermining employers’ right to raise objections to bargaining unit composition and other issues fundamental to a fair election.
This decision erodes employers’ free speech and due process rights, and opens the door to rushed elections that will deny employees access to critical information and time to consider the issues at hand prior to entering the voting booth.
In December, the U.S. House of Representatives passed legislation that would overturn the NLRB’s decisions in Specialty and ambush elections by a bipartisan vote of 235 to 188. This RILA endorsed legislation is critical to protecting the rights of employers and employees and it deserves a vote in the Senate early in 2012.
Department of Labor
A proposed rule from DOL would require retailers to report compensation paid to outside advisors and in-house legal counsel, executives, managers and supervisors for their involvement and participation in opposing union organizing activity, whether or not these officials communicate directly with employees.