Court disarms ‘ambush’ elections rule for union representation

Sources: Associated Builders & Contractors (ABC), AFL-CIO, Washington, D.C.; CP staff

Responding to Coalition for a Democratic Workplace and U.S. Chamber of Commerce challenges, the U.S. District Court for the District of Columbia has overturned a National Labor Relations Board rule expediting union representation elections, citing the measure’s adoption absent a quorum of the five-member agency.

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NLRB effects rule expediting union representation elections

Source: Associate Builders and Contractors, Arlington, Va.

A controversial final rule issued by the National Labor Relations Board (NLRB) in December 2011 that overhauls procedures for union representation elections became effective on April 30. Under the rule, commonly known as the “ambush” elections rule, the amount of time between when a union files a representation petition and an election takes place is reduced from the current average of around 40 days to as few as 17–20 days.

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Industry to Labor Board: Narrow election window fails employers, employees

Representative John Kline’s “Rushing Union Elections” hearing was followed by a July 19-20 open meeting at the National Labor Relations Board’s Washington, D.C., headquarters, where Members invited perspective from industry, organized labor, and labor law interests on the Representation—Case Procedures Notice of Proposed Rulemaking. Portions of presentations from Robert Garbini, President of the National Ready Mixed Concrete Association, and Steve Jones, Director of Human Resources for Chandler Concrete Co. in Burlington, N.C., are provided here.

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