The National Labor Relations Board’s (NLRB) has re-released their proposed rule on “ambush elections.” The proposal can be found here. The notice of proposed rulemaking (NPRM) closely resembles the NLRB’s 2011 proposed rule. As seen in that proposal, the re-released rule proposes dramatically shortening the election timeframe to as little as 10 days and requires employers to turn over the e-mail addresses and phone numbers of potential bargaining unit members to unions. RILA’s comments to the June 2011 NPRM can be seen here.
You may remember that the Board issued a final rule on ambush elections in December 2011, which omitted several contentious provisions from the original proposal. In response to a challenge by the US Chamber of Commerce and the Coalition for Democratic Workplace (CDW), of which RILA is a member, a federal court struck down the final rule on procedural grounds in May 2012. The Board then appealed the decision to the US Court of Appeals for the DC Circuit. However in December 2013, months after the US Senate had confirmed a full quorum for the Board, the Board abandoned its appeal in the ambush election case. In January 2014, the Board officially withdrew the rule, clearing the way for the agency to issue a new rule.
The proposed rule will be available for public comment until April 14, 2014. RILA is planning to submit comments. For more information, please contact Kelly Kolb, vice president of government affairs, at Kelly.firstname.lastname@example.org.