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                                                                For Immediate Release
January 13, 2015 


Austin, TexasAssociated Builders and Contractors (ABC) of Texas  and the Central Texas Chapter of ABC announced today they have filed a joint lawsuit with the National Federation of Independent Business (NFIB) Texas challenging the National Labor Relations Board’s (NLRB) ambush election final rule issued Dec. 12, 2014. The legal challenge was filed in the U.S. District Court for the Western District of Texas. The Texas office of Littler Mendelson, P.C., ABC’s general counsel, will represent ABC of Texas, the Central Texas Chapter of ABC and NFIB Texas in the case.


“Not only does this rule rob employers of their due process rights, but it also mandates the distribution of employees’ personal contact information to union officials, creating a major privacy concern for employees,” said ABC of Texas President Jon Fisher. Josh Tompkins, president of ABC’s Central Texas Chapter, added: “We are proud to join the legal fight against the ambush rule, which is designed to deprive employers, particularly small businesses who typically do not employ legal counsel, of the opportunity to tell their side of the story during organizing campaigns.”

Geoff Burr, ABC National vice president of government affairs applauded the Texas chapters’ efforts: “The ambush election rule further demonstrates the NLRB’s unabashed support of Big Labor’s agenda and its abandonment of its traditional role as a neutral arbiter of labor law. Simply put, this rule is bad policy that was promulgated in an improper way and we will continue to work to overturn it through every available avenue.”

The ambush election final rule overhauls the procedures for union representation elections. Under this rule, the amount of time between when a union files a representation petition and an election takes place will be dramatically reduced from the current average of 38 days. In addition, the rule shortens the amount of time an employer is allotted to provide a list of eligible voters and adds to the amount of personal contact information that must be disclosed to unions. The changes are scheduled to take effect April 14, 2015, unless a court or Congress blocks enforcement of the new rule.

ABC has consistently opposed the NLRB’s ambush election rule as unfair to employers and employees and has raised privacy concerns over the proposal’s distribution of employees’ personal contact information, including in testimony before the NLRB in April 2014. In addition, ABC along with more than 1,200 ABC members filed comments in April 2014 requesting the NLRB withdraw the controversial rule.


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