Comments on Employee Representation Elections

The Retail Industry Leaders Association (“RILA”),1 on behalf of itself and its member companies, submits the following comments in response to the NLRB’s proposed amendments to its rules governing employee representation elections.2  RILA strongly objects to the NLRB’s proposal and agrees  with the specific objections raised in Member Hayes’s dissent and at the NLRB’s hearing on July 18-19, 2011. Our comments draw from the experiences of our member companies to elaborate on four reasons why the NLRB should not adopt its proposed amendments: (1) Requiring employers to develop their legal position in only seven days would be infeasible and unfair; (2) Shortening the time between petition and election would result in employees being critically uniformed; (3) Deferring issues affecting less than 20% of the proposed unit would lead to inaccurate election results and unnecessary confusion; and (4) Providing employee phone numbers and email addresses to unions would result in unwarranted invasions of privacy and interferences with normal business operations. Considered as a whole, the NLRB’s proposed amendments would have the effect of silencing employers and helping unions win elections through unfair-and often misleading-“ambush” tactics.


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