NLRB Developments

SHRM Continues to Advocate Against National Labor Relations Board Attempts to Change Established Workplace and Union Procedures

Oct 2, 2015

As previously reported in the Jan. 9, 2015 HR Issues Update, SHRM, along with the U.S. Chamber of Commerce, Coalition for a Democratic Workplace, National Association of Manufacturers, and National Retail Federation, filed a lawsuit in the U.S. District Court for the District of Columbia to halt the National Labor Relations Board’s (NLRB) rule making changes to union elections procedures, known as the “ambush elections” rule. The rule significantly shortens the period between the time the union files a request for an election and the time the election is actually held.

SHRM’s lawsuit raised numerous legal issues related to the rule’s violation of the National Labor Relations Act and the Administrative Procedure Act. We also argued that, by shortening the time frame, the rule improperly limits an employers’ free speech and rights to communicate with employees about unionization. On July 29, the D.C. District Court upheld the NLRB’s “ambush election” rule, which took effect in April 2015.

Despite the Court’s decision, SHRM will monitor how the “ambush election” rule is being implemented in individual workplace. SHRM will continue to advocate against these changes to established workplace procedures as this issue, and other NLRB activities, such the recent decision to overturn the settled “joint employer” standard (reported in the Sept. 11, 2015 edition of the HR Issues Update) are further scrutinized by Congress and others.

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