The Coalition for a Democratic Workplace (CDW) filed a lawsuit Jan. 5 seeking to overturn the National Labor Relations Board’s (NLRB) controversial ambush election rule. The changes are scheduled to take effect April 14 unless a court or Congress blocks enforcement of the new rule. The suit was filed in the D.C. Federal District Court and follows CDW’s successful 2012 lawsuit that overturned the NLRB’s previous ambush election rule. 

In filing the lawsuit, CDW legal strategist Josh Ulman said, “For nearly 70 years, the NLRB’s election procedures have ensured employees have reasonable time to gather the facts before they cast a ballot for or against union representation. CDW has confidence that our continuing legal and educational work will again prevent this important federal agency from stripping important protections from employees and employers.

“This rule was designed to reduce, rather than increase, information for employees and entirely contradicts the spirit behind the President’s promise to have the most transparent administration in history,” Ulman concluded. “We simply cannot allow millions of workplaces and tens of millions of Americans to be ambushed by this rule.” 

ABC has long opposed efforts by the NLRB under the Obama Administration to shorten the period of time between when a union election petition is filed and when a representation election is held. Additionally, ABC has raised privacy concerns about the unsolicited distribution of employees’ personal contact information. 

ABC also is considering a legal challenge to the rule in federal court and will continue to keep members informed about any legal challenges that deal with procedures for union representation. To read more about the ambush rule issued by the NLRB, read the Dec. 17 Newsline article, “NLRB Moves Forward With Controversial Ambush Elections Rule.”