NLRB “Ambush Elections” Rules Will Harm Job Creation

Today the National Association of Manufacturers filed comments with the National Labor Relations Board (NLRB) requesting the board to withdraw its proposed “Ambush Elections” rules which shorten the time between a petition filing and a union certification election.

Under these “Ambush Elections” rules employers would have as little as 10-14 days from the time organizers file a petition to the election and certain due process rights of employers would be severely curtailed or eviscerated entirely.  The NAM opposes the proposed rules as they will severely the ability of a company to communicate with their employees about upcoming union elections. In our comments we note, “The proposed rules impair the right and the ability of employees to make an informed choice regarding their Section 7 rights and denies employers their Section 8(c) rights to communicate vital information to their employees regarding unionization.”

The NAM has argued there is no demonstrable need to make changes to the manner and timing with which certification elections are conducted.  Indeed, the NLRB has exceeded its goals with respect to representation elections and guidelines in recent years.  Fully 95 percent of all initial elections were conducted within 56 days of the filing of a petition and the median was 38 days.  Clearly, the NLRB’s proposed rules are a solution in search of a problem.

Small to medium-sized manufacturers are sure to feel the brunt of this regulation first. These companies lack the resources and expertise necessary to navigate the complexities of this rule. This regulation will hurt jobs – not create them.    

Joe Trauger is vice president for human resources policy, National Association of Manufacturers.

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