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ABC’s General Counsel, Maury Baskin of Littler Mendelson, Washington, D.C., argued against the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule on March 3. Baskin argued against the rule, also known as Representation-Case Procedures, in the 5th Circuit Court of Appeals, New Orleans, La. on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB). A ruling in the case is expected in the late spring or early summer.  

ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity.

A group of lawmakers Sept. 9 introduced ABC-supported legislation to help restore the “joint employer” standard under the National Labor Relations Act that has been in place for over 30 years. The standard was overturned by the National Labor Relations Board (NLRB) in its Aug. 27 ruling in the Browning-Ferris Industries of California case.

ABC released a statement in response to the National Labor Relations Board’s Aug. 27 ruling in the Browning-Ferris Industries of California case, which redefines who qualifies as a “joint employer” under the National Labor Relations Act. ABC has been a vocal opponent of these changes for potentially imposing unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry.

A joint resolution to halt the National Labor Relations Board’s (NLRB) controversial ambush election rule passed the U.S. Senate March 4 by a vote of (53-46) after being introduced by Sen. Lamar Alexander (R-Tenn.), ABC supported the bill, and sent a letter to each Senator urging its passage and informing them that ABC would consider the vote as a key vote on its 114th Congressional Scorecard.

A group of Congressmen Feb. 9 wrote a joint resolution Feb. 9 that would stop the implementation of the National Labor Relations Board (NLRB) ambush election rule. The resolution was introduced by Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.), with the support of House Speaker John Boehner (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.). Sen. Alexander is chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions and Rep. Kline is chairman of the U.S. House of Representatives Committee on Education.

ABC of Texas and the Central Texas Chapter of ABC filed a lawsuit Jan. 13 challenging the National Labor Relations Board’s (NLRB) ambush election final rule. The suit was filed jointly with the National Federation of Independent Business (NFIB) Texas in the U.S. District Court for the Western District of Texas. 

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. 

The National Labor Relations Board (NLRB) issued a 3-2 split decision along party lines Dec. 11, stating that employees are permitted, except in very limited circumstances, to use corporate email systems during non-work time for union organizing (Section 7 activities). The Board’s decision overturns the 2007 decision in Register Guard. 

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. 

The National Labor Relations Board (NLRB) January 6 formally abandoned its controversial “Employee Rights” notice poster rule after deciding not to file a petition for the U.S. Supreme Court to review two U.S. Court of Appeals decisions invalidating the notice posting rule. The rule would have required employers to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act. 

The National Labor Relations Board (NLRB) Dec. 9 agreed to dismiss its appeal of a court ruling invalidating its controversial “ambush” election rule, which would have drastically reduced the amount of time between when a union files a representation petition and an election takes place.

In its regulatory agenda released Nov. 27, the Department of Labor (DOL) listed a date of March 2014 to release its “persuader” final rule , which severely narrows long-standing reporting exemptions for employers and labor relations experts and redefines “advice.”   If the rule is finalized, it will greatly expand the circumstances in which third party advice, which employers use to educate their employees about collective bargaining, would have to be reported by both the employer and the third party. Third parties include attorneys and association staff. As the proposal is currently written, the disclosure requirements also inclu

The U.S. Supreme Court has set a date of Jan. 13, 2014, to review a lower court ruling that President Obama’s early 2012 “recess” appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional.

In a 55-44 vote, the U.S. Senate Oct. 29 confirmed Richard Griffin to serve a four-year term as the National Labor Relations Board’s general counsel, despite opposition from Senate Republicans and the ABC-led Coalition for a Democratic Workplace (CDW). 

The federal government reopened on Oct. 17 after at 16-day shutdown and agencies that either weren’t operating or were only partially operating during that time are back up and running. Here is some information on what ABC members can expect from a few of the agencies post-shutdown.