Republicans Look to Block Pro-Worker NLRB Changes

Published: March 19, 2015

The House is expected to pass a resolution today on March 19th that would block the National Labor Relations Board from implementing its new rule speeding up the union election process. The legislation, S.J. Res. 8, passed the Senate on a near-party-line vote and President Barack Obama has already indicated that he will veto it. The bill is one of several means by which anti-union business groups and conservative Republicans  are hoping to block implementation of the new rules.

Noteworthy changes contained in the NLRB’s rule include:

The new 21st century practice of allowing election petitions to be filed electronically with the NLRB;

Holding the pre-election hearing eight days after the notice of hearing is served on the employer;

Requiring employers to provide a detailed statement that identifies all of the issues the employer wishes to litigat
e before the election at least one day before the pre-election hearing;

Prohibiting the regional director from hearing issues that the employer did not include in its initial position statement;

Eliminating the parties’ right to submit a written briefing before or after the pre-election hearing without the regional director’s prior permission;

Allowing NLRB representation elections to proceed immediately after the regional director sets the election date;

Ensuring employers provide the union with electronic lists of complete employee contact information (including email addresses and phone numbers) within two business days of when the election is set;

Congress is unlikely to override a presidential veto, but business groups like the Chamber of Commerce and Associated Builders and Contractors have filed suit in several federal courts. Decisions in those cases are pending in Washington, D.C. and in front of a Texas judge.  The new NLRB rules are set to go into effect in April. Under these new rules, a union election can occur as quickly as 11 days after an election petition is filed.