On December 12, 2017, the NLRB issued a Request for Information (RFI) on the “ambush” election rule that the Board issued under prior leadership. The RFI seeks public input on the impact the rule had on employees’ and employers’ rights and whether the rule should be modified or eliminated entirely. On April 18, 2018, CDW filed comments on the RFI, urging the NLRB to restore reason to the representation election process and protect the rights of employers and employees alike.
The Board issued the ambush rule in December of 2014. The rule drastically changed the process for NLRB conducted elections in which employees may vote on whether they want to be represented by a union. The rule is designed to speed up elections in order to presumptively increase union density and dues revenue streams. This is all at the expense of employees, however, who, due to the rule’s rushed time frames, are denied the opportunity to hear from both sides of the debate prior to voting on union representation. An employer’s rights of free speech and due process as well as its ability to present facts and views on the union at issue and unionization generally are also severely undermined by the final rule.
Some of the provisions of the Board’s rule included:
Members of Congress have introduced legislation to nullify the ambush election rule. CDW supports two of these bills – the Workforce Democracy and Fairness Act and the Employee Privacy Protection Act. We strongly encourage Congress to quickly pass these bills into law. In the meantime, we urge the Board to remedy the harm the ambush rule is doing to employers and employees.
Please see our resources page for more information on this issue.