Unions Score Major Win - Ambush Elections Approved by NLRB
By Dell Hill via Hot Air
Barack Obama was elected President, not only did this country get a
boatload of socialism ensconced in Washington, D.C., right along with it
came the authority to make dramatic changes in rules and regulations,
as voted in to effect by the various agencies of federal government, all
appointed by that same President.
The latest and greatest move just took place.
days before Democratic member Craig Becker’s term expires, the National
Labor Relations Board formally adopted new procedures to govern union
elections. The upshot: The new rules will shorten the time period
between the day an employee first requests an election to unionize and
the day that election actually takes place. The Labor Relations
Institute explains in greater detail:
new election procedure does away with the 25-day period for Board
review of unit decisions and the ability to suspend hearings once the
region has determined that there are no major unit issues (i.e. unit
issues affecting more than 20% of the voting unit). It leaves out many
of the other controversial provisions related to things like initial
statement of position, voter lists, 7-day hearings and the like.
Clearly the focus is on the parts of the rule that gain the most days
in the election process. And it still gets unions their key goal,
which is to cut the average election time down substantially. The
proposed rules in the resolution would still reduce election times down
by about half, probably around 21 days.
new procedures will take effect April 30, 2012, and little is likely to
happen between now and then to forestall that. The House of
Representatives has passed legislation to establish a minimum-35-day
election period, but that legislation will probably not pass the Senate.
the significance of snap elections remains much the same, regardless of
whether the NLRB abandoned “the most controversial” elements of its
proposals. As I’ve said since
the threat of quickie elections first surfaced, the design of shortened
election periods is to limit the amount of time in which employers can
make the case against unionization.
NLRB Chairman William Pearce says,
“This rule is about giving all employees who have petitioned for an
election the right to vote in a timely manner and without the impediment
of needless litigation.”
that litigation is only “needless” if employers’ needs don’t count in
the equation. We’ve seen too many times that, with this particular NLRB,
that is all too true.
is, perhaps, most exasperating about this is that just two people
decided it. The Board has been down to just three members for some time
and Republican NLRB member Brian Hayes voted against ambush elections.”