On Dec. 12, the National Labor Relations Board (NLRB) issued its long-awaited final rule that overhauls the procedures for union representation elections. Under this controversial rule, the amount of time between when a union files a representation petition and an election takes place likely will dramatically be reduced from the current average of 38 days. The changes are currently scheduled to take effect on April 14, 2015, unless a court or Congress blocks enforcement of the new rule.

More than 400 hundred ABC members are on Capitol Hill this week advocating for important merit shop issues with their members of Congress. For those members unable to make the trip, there is still an opportunity to participate virtually by contacting their elected officials from a computer or mobile device using ABC's Action App on your iPhone or Android, or downloading the update.

According to its latest regulatory agenda released May 23, the U.S. Department of Labor (DOL) plans to finalize its controversial “persuader” final rule by December 2014, which severely narrows long-standing reporting exemptions for employers and third-party experts, and redefines labor relations “advice.”  

On April 10 and 11, ABC General Counsel Maury Baskin testified in front of the National Labor Relations Board in Washington, D.C., on the board’s proposed “ambush” election rule.  In his testimony, Baskin asked the NLRB to withdraw the proposed rule, which would shorten the amount of time from when a union files a representation petition and an election takes place to as few as 10 days.

The U.S. House of Representatives and the U.S. Senate March 27 introduced three bills to reverse key elements of the National Labor Relations Board’s (NLRB) contentious “ambush election” rule. The NLRB’s proposed rule dramatically shortens the amount of time between when a union files a representation petition and when an election takes place to as few as 10 days in addition to requiring employers to submit their employees’ personal contact information to union organizers.

ABC reaffirmed its strong opposition to the National Labor Relations Board’s (NLRB) reissued “ambush election” proposal in a letter to the leaders of the U.S. House of Representatives Committee on Education and the Workforce ahead of this morning’s full committee hearing. The hearing, titled “Culture of Union Favoritism: The Return of the NLRB’s Ambush Election Rule,” and ABC’s letter focused on NLRB’s shift under the Obama Administration from a neutral arbiter of federal labor law to an advocate of union organizing.

During the last presidential campaign, then-candidate Barack Obama proudly told audiences, “We need to strengthen our unions by letting them do what they do best—organize our workers … That's why I am fighting to pass the Employee Free Choice Act (EFCA)…We'll make it the law of the land when I'm president.” When Democrats took the White House and held onto Congress in November 2008, Obama’s promise seemed all but certain. However, EFCA, also known as “card check,” met with quick and persistent resistance from both sides of the aisle. The passage of EFCA, which at one time seemed inevitable, stalled

As expected, the National Labor Relations Board (NLRB) Feb. 5 reissued a proposed rulemaking that will reduce the amount of time between when a union files a representation petition and an election takes place from the current average of 38 days to as few as 10. 

President Obama Jan.17 signed into law a $1.01 trillion omnibus appropriations bill (H.R. 3547) that funds all federal agencies for fiscal year 2014. The Senate Jan. 16 passed the appropriations bill by a 72-26 vote and the House Jan. 15, passed the bill by a 359-67 vote. The legislation includes funding decreases for many federal agencies, including the U.S. Department of Labor and the National Labor Relations Board.

The U.S. Supreme Court heard oral arguments Jan. 13 in the National Labor Relations Board (NLRB) recess appointments case (Noel Canning).  The oral arguments centered on a lower court ruling that held President Obama’s early 2012 recess appointments of three members to the NLRB were unconstitutional. More background information on the Noel Canning case and ABC National’s involvement can be found on the ABC website.