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On Jan. 9, ABC filed comments to the National Labor Relations Board in support of a proposed rule that would implement three amendments to the representation election regulations under the National Labor Relations Act. Specifically, the proposal includes amendments to the NLRB’s blocking charge policy, voluntary recognition bar and Section 9(a) recognition in the construction industry.

In its comment letter, ABC wrote:

ABC strongly supports the NLRB’s proposed changes to the three representation rules in the NPRM. In particular, ABC applauds the long overdue overruling of the Staunton Fuel decision, which purported to permit contract language alone to create a Section 9(a) bargaining relationship in the construction industry. Courts have repeatedly rejected the NLRB’s holding in Staunton Fuel, requiring instead that a Section 9(a) relationship can only be established upon a showing of actual evidence of union majority status. The NLRB’s proposed rule is consistent with this judicial authority and with longstanding principles of majority status under Section 9(a).

ABC also supports the NLRB’s proposed change to the blocking charge policies. ABC agrees that the current blocking charge policy impedes, rather than protects, employee free choice. Finally, ABC supports the NLRB’s proposed modification to the immediate voluntary recognition bar.

ABC supports the NLRB’s proposals contained in the NPRM, which are more consistent with the statutory policies of the NLRA than current NLRB rules on these subjects and better protect the Section 7 rights of employees.

Additionally, the ABC led-Coalition for a Democratic Workplace submitted comments in support of the NLRB proposal.

ABC’s general counsel, Littler Mendelson P.C., published an analysis with more information on the proposed rule.

ABC will continue to keep members informed of any developments about this proposal in Newsline.