Third time’s the charm: NLRB Issues another Ambush Election Rule

In another attempt to tilt the playing field in favor of big labor, the National Labor Relations Board (NLRB) announced last week that it has adopted once again its ambush election rule. This rule will make it easier for unions to organize a workplace, while limiting employers’ ability to effectively respond to organizing efforts.

According to the NLRB’s statement, they “adopted a final rule amending its representation-case procedures to modernize and streamline the process for resolving representation disputes.” This rule is nearly identical to a similar rule that was overturned due to a Supreme Court ruling stating that appointments made by President Obama during the Senate recess in 2012 was unconstitutional. Decisions made by the NLRB board with these appointments were ruled invalid. As we described in February, this rule would essentially shorten the period between the filing of an election petition and the date of the election by two weeks, delay any legal challenges to an election leveled by employers until after the election, and force employers to share email addresses of all of their employees eligible to vote in a union election. However, as the US Chamber describes, the NLRB is back with its attempts to push this ambush election rule through just as an outgoing Board member’s term expires.

This will continue to create problems for employers, rather than creating effective opportunities to resolve employer-union disputes. The US Chamber was right: the NLRB has given labor unions an exceptional Christmas present and delivered a lump of coal into the laps of employers.