Under the Obama administration, the
National Labor Relations Board (NLRB) has pursued an agenda to limit employer and employee rights and protections, which in turn has stifled job creation and economic growth.
The NLRB continues to implement politically motivated policies that threaten to harm the construction industry—86 percent of which is merit shop. Amid today’s economic challenges, ABC members and the construction workforce in general cannot afford the burden of the NLRB's anti-business policy initiatives.
On Dec. 22, 2011, the two-member Democratic majority of National Labor Relations Board (NLRB) issued a final rule implementing elements of a controversial union representation election proposal, which went into effect on April 30, 2012.*
The final rule contained parts of a more comprehensive June 2011 proposed rule that ABC strongly opposed, arguing that it would create expedited, “ambush” elections that would significantly limit an employer’s ability to educate its employees about the pros and cons of union representation.
The scaled back rule also garnered opposition from ABC and others, and resulted in a legal challenge from the ABC-led Coalition for a Democratic Workplace (CDW). The NLRB is expected to appeal this decision.
In August 2011, the NLRB issued a final rule requiring employers to display an 11-by-17-inch poster in their workplace that contains a select list of employee rights under the National Labor Relations Act (NLRA).
The rule has been subject to several legal challenges, including objections filed by the ABC-led CDW. The challenges assert the Board lacks authority under the NLRA to issue and enforce the poster requirement.
On March 2, 2012, the U.S. District Court for the District of Columbia ruled in CDW's case that the NLRB could mandate the notice posting. However, on April 13, a different U.S. District Court (in South Carolina) ruled in a separate case that the NLRB notice posting requirement was unlawful, citing the Board’s lack of statutory authority. Both cases are ongoing.
CDW has filed an appeal with the U.S. Court of Appeals for the D.C. Circuit, and has obtained an injunction to block the NLRB's Notification of Employee Rights” notice posting rule while the case is heard. The injunction, issued April 17, places the rule on hold while the appeals court considers the appeal. This means the April 30 compliance deadline is delayed until further notice.
See ABC's NLRB Notice Posting Rule page for additional information and resources.
On Jan. 4, 2012, President Barack Obama brazenly ignored constitutionally established separation of powers, as well as the rules of the U.S. Senate, by appointing three new members to the NLRB.
The president’s decision to appoint Sharon Block (D), Richard Griffin (D) and Terry Flynn (R) to vacant seats on the Board shows that the Board has been transformed from a neutral arbiter of labor law disputes into an activist organization that promotes the special interests of politically powerful unions.
The president’s actions also show a blatant disregard for the Constitution and decades of legal opinion. The appointments essentially give the White House unchecked power to appoint any person to any federal post without any meaningful review by the U.S. Senate. In practical terms, this means no congressional checks on appointments of controversial individuals to key posts; diminished public accountability for unelected bureaucracies; and more job-killing, anti-business policies and regulations to contend with.
Several legal challenges have been filed against the appointments, including a challenge filed by the ABC-led CDW. These objections to the president's actions are aimed at restoring the system of checks and balances prescribed in the Constitution. In addition, efforts are underway in Congress to investigate the White House’s actions leading up to these appointments and to limit the president’s ability to take similar actions in the future.
Apr. 25th NLRB "Ambush" Elections Rule Effective April 30Apr. 18th Federal Court Blocks NLRB "Employee Rights" Poster Rule
Mar. 21st ABC-Led Coalition Asks to Join Legal Challenge to NLRB "Recess" AppointmentsMar. 14th ABC-Led Coalition Appeals Decision on "Employee Rights" Poster Requirement
Mar. 7th Judge: NLRB Can Require Poster but Must Revise Penalty Provisions
Feb. 21st ABC Supports Legislation that Would Block 'Ambush' Elections