Senate Votes to Block New NLRB “Ambush Election” Rule

The Senate and House of Representatives passed a resolution this month to nullify the National Labor Relations Board (NLRB) new election rules, often referred to as the “ambush election rule”. The new rules shorten the length of time for a labor union certification election from a median 38 days to as little as 11 days. It also requires employers to provide employees’ personal contact information and work schedules to union organizers without the employees’ consent, and only gives employers 7 days to find legal counsel and prepare for a pre-election briefing before an NLRB regional officer. The rule is scheduled to go into effect April 14, 2015.

The congressional resolution would block the new election rule from taking effect and require any future similar actions by the NLRB to be approved by Congress before taking effect. However, the resolution is largely seen as a symbolic act since President Obama is all but certain to veto the resolution and Congress does not have the votes necessary to override his veto.

In addition, a coalition of businesses filed suit in the U.S. District Court for the District of Columbia to prevent the NLRB from implementing its election rule.

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