Yesterday, former member of the National Labor Relations Board (NLRB) Peter Kirsanow testified before the NLRB on behalf of the National Association of Manufacturers on the new Snap Election Rule being considered. This rule would expedite union certification elections and employers would have as few as 10 days between the time they learn a union is trying to organize and the election.
Manufacturers remain very concerned with many of the recent actions from the NLRB and the Snap Election rule is only adding to those concerns.
Below is an excerpt from Mr. Kirsanow’s testimony highlighting manufacturers concerns with this rule:
The proposed rules will, to paraphrase Member Hayes, eviscerate the right of employees to make an informed exercise of their Section 7 rights, as well as eviscerate employers 8(c) rights to communicate their positions to employees. The rules will chill the free, uninhibited, robust debate—the freewheeling use of the written and spoken word regarding the issue of unionization contemplated by Congress in enacting the National Labor Relations Act and as enunciated by the Supreme Court in Letter Carriers v. Austin.
Make no mistake, the cumulative effect of the proposed changes—reducing the median time between filing of the representation petition to the conduct of the election from 38 days to 10-14 days will completely and utterly deprive employers of the ability to communicate vital information to their employees regarding their rights and the effect of unionization.
Additional news coverage from the hearing:
- Bloomberg, “Speeding Labor Elections Unfair to Companies, Employers Say”
- Politico, “NLRB turns up heat“
- Memphis Commercial Appeal, “Memphis lawyer Arnold Perl is the lead witness against proposed NLRB rules“
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