Unfortunately, the National Labor Relations Board (NLRB) resurrected a rule that would force employers to share with a union the email addresses of all their employees eligible to vote in a union election. It would also delay any employer legal challenges to an election until after the election and would shorten the period between the filing of an election petition and the actual election by two weeks. In 2012, the US Chamber led a lawsuit against the NLRB where this rule was struck down by the court because the NLRB did not meet the required quorum to adopt it. Businesses have been in limbo waiting for the election rule’s inevitable return.

While proponents of the rule tout it as an example of transparency, the truth is that the NLRB has just approved an unfair policy that weakens the ability of businesses to offer their perspective during a union election; shortening the filing process gives them less time to talk to their employees. Furthermore, granting unions free access to employee emails allows for quicker contact between the union and the employee, leading to even greater imbalance in the process. Preventing legal challenges until an election is finalized ensures that an employer concerned about the legality of a union organization drive won’t be able to seek legal action until the union they question is officially certified. Shouldn’t these concerns be resolved before this official certification?

We oppose this rule and urge the NLRB to listen to the concerns of Ohio businesses and work towards a better and fairer rule that also protects the rights of the employer.