Employee Rights in the Crosshairs Again at the NLRB

Last week’s election results didn’t bode well for supporters of the jobs-killing card check legislation. However, as we’ve noted numerous times here the fight over “card check” unfortunately isn’t dead – it’s manifesting itself through executive branch agencies – namely the National Labor Relations Board (NLRB). The NLRB will taking up case that brings into question the ability of employees to have a secret ballot election should their employers consent to labor union demands and recognize a union through card check sign up. Understanding this is a controversial case that has the potential to reverse precedent established years ago the NLRB invited public comments through the filing of amicus briefs from interested parties.

The National Association of Manufacturers and 41 other manufacturing organizations sent our response to the NLRB last week that stresses the importance of free choice in the unionization process. Any proposal to take away employee rights to hold a secret ballot election would be a tremendous setback for workers, and another coup for union leaders that are frustrated with lack of legislative progress on their most coveted piece of legislation.

Our amicus brief argues that this important 45-day window should not be eliminated. The NAM’s brief stresses that individual free choice regarding whether to be represented at all by a third party is a necessary precondition to any collective negotiation and that card-check union certification is far inferior to secret ballot union elections. To access this legal brief and a summary, click here.

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