Employers Rush to Court to Block Labor Board’s Bias Election Rule
NLRB Issues Final “Ambush” Election Rule, CDW and Chamber Immediately File Suit
WASHINGTON, D.C. // DECEMBER 20, 2011 // Today, the Coalition for a Democratic Workplace and the U.S. Chamber of Commerce filed suit in federal court to block the National Labor Relations Board’s unfair “ambush” election” rule, which would radically change the process for union representation elections. The new rule effectively shortens election time frames, limiting employees’ opportunity to hear from employers and make an informed choice and diminishing employers’ due process.
The 15-page complaint seeks to enjoin the NLRB from enforcing the final rule.
CDW chairman Geoffrey Burr said, “Instead of putting fairness first, the NLRB bowed to special interests by abandoning longstanding rules governing union-representation elections for this new rigged system where employees have less information and employers have fewer legal rights and a diminished due process.” He continued, “Big Labor’s paid union organizers seeking more dues-paying members spend months making their pitch. Employees deserve to hear from employers too – employees deserve the full story.” Burr concluded, “Unfortunately, taking legal action was the only way to block the rogue agency’s unfair rule.”
Today, the Coalition for a Democratic Workplace sent a letter to Senators Mike Enzi (R-WY) and Johnny Isakson (R-GA) and Reps. John Kline (R-MN), Phil Roe (R-TN), and Phil Gingrey (R-GA) commending them on the introduction legislation to demonstrate Congress’s disapproval of the National Labor Relations Board’s unfair ambush election rule.
In addition to laying out three “fatal flaws” with the Board’s rule, CDW relies on the position of former Senator and President John F. Kennedy, who emphasized that employees need at least 30 days to decide how to vote in NLRB elections.
Today, the Coalition for a Democratic Workplace (CDW), which represents over 600 employers, associations and other organizations operating in every Congressional District, thanked the House Committee on Oversight and Government Reform and Chairman Darrell Issa for holding a hearing on four unlawful appointments by the Obama administration.
In response to Mr. Obama’s continuing assault on workers’ rights, on Thursday, Education and Workforce Committee Chairman John Kline, Minnesota Republican, and I [Rep. Phil Gingrey] introduced a joint resolution of disapproval pursuant to the Congressional Review Act (CRA) on the NLRB’s ambush election rule. Sen. Michael B. Enzi, Wyoming Republican, introduced the Senate companion.
The partisan clash over President Barack Obama’s NLRB recess appointments was on full display at a House hearing Tuesday: Democrats called the meeting a waste of time and Republicans called it instructive.
GOP lawmakers are still steaming over the White House decision to ignore brief pro forma Senate sessions to single-handedly name three members to the National Labor Relations Board and Richard Cordray as the director of the Consumer Financial Protection Bureau.
Senate Republicans are weighing a plan to block most of President Barack Obama’s federal appeals court nominations starting in June or earlier in response to the recess appointments he made this month.
