Not a Member? Get access to HR news and resources that you can trust.
Here is how HR can help prevent the missteps that could cost your company big in court.
Is your employee handbook ready for the changing world of work? With SHRM’s Employee Handbook Builder get peace of mind that your handbook is up-to-date.
60+ new SHRM Seminar dates in 10 U.S. cities and virtually.
Expand your influence and learn how to become an effective leader -- Join us in Phoenix, AZ, October 2-4, 2017.
WASHINGTON — The Society for Human Resource Management (SHRM), along with a coalition representing an array of industries and employers, filed a lawsuit in U.S. District Court for the District of Columbia today to stop the National Labor Relations Board (NLRB) from moving forward with implementation of its new union election rule.
The rule, issued on Dec. 12, changes longstanding labor policy by shortening the time in which employers are required to hold union elections to as little as 14 days. SHRM believes the rule unnecessarily reduces the time employees need to make an informed decision about whether or not to join a union.
“This rule is an unprecedented change in the union election process, which is governed by the National Labor Relations Act of 1935,” said Henry G. (Hank) Jackson, SHRM president and CEO. “The changes unfairly hinder the ability of employees to make an informed choice about whether or not to join a union. This rule is the latest and most sweeping action by the NLRB to tilt the process toward unionization and prevent employers from effectively communicating with employees, and it should be thrown out.”
SHRM joined in the lawsuit with the National Association of Manufacturers, National Retail Federation, U.S. Chamber of Commerce and Coalition for a Democratic Workforce.
“SHRM does not enter into litigation lightly,” Jackson said. “But SHRM believes that the NLRB has exceeded its authority and the new rule violates the National Labor Relations Act.”
SHRM also is concerned about the rule’s mandate that employers give employees’ personal phone numbers and email addresses to labor organizations. The NLRB acknowledged the privacy, identity theft and other risks posed by the requirement but determined that the risks were worth taking. “SHRM is troubled by the NLRB’s willingness to take these risks,” Jackson said. “HR professionals take their obligations to protect employee private information seriously.”
The NLRB said the rule was designed to significantly speed up the election process. But in the last 10 years, union elections have been held within a median of 38 days from the filing of the petition, fewer than the NLRB’s goal of 42 days.
As a result, SHRM believes that the NLRB has not made the case that this rule is necessary.
To view the lawsuit, visit http://www.shrm.org/Advocacy/PublicPolicyStatusReports/Courts-Regulations/Documents/Chamber%20et%20al%20v%20%20NLRB%20-%20Complaint%20-%20Filed%2001-05-15.pdf
SHRM comments when the rule was proposed: http://www.shrm.org/Advocacy/PublicPolicyStatusReports/Courts-Regulations/Documents/NLRB%20Final%20Comments%204%207%20(2).pdf
Related SHRM testimony before the U.S. House Committee on Education and the Workforce:http://www.shrm.org/Advocacy/PublicPolicyStatusReports/Courts-Regulations/Documents/AE030514%20Ambush%20Election%20Hearing.pdf
MEDIA: For details or to request an interview, contact Kate Kennedy of SHRM Media Relations at 703-535-6260 and Kate.firstname.lastname@example.org or Vanessa Gray at 703-535-6072 and Vanessa.email@example.com.About the Society for Human Resource ManagementFounded in 1948, the Society for Human Resource Management (SHRM) is the world’s largest HR membership organization devoted to human resource management. Representing more than 275,000 members in over 160 countries, the Society is the leading provider of resources to serve the needs of HR professionals and advance the professional practice of human resource management. SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China, India and United Arab Emirates. Visit SHRM Online at www.shrm.org and follow us on Twitter @SHRMPress.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
CA Resources at Your Fingertips
SHRM’s HR Vendor Directory contains over 3,200 companies