The Chairman of the National Labor Relations Board has released his proposal to pare down the controversial ambush elections rule proffered by the Board in June. Usually when something terrible is pared down it’s not as bad as its original – not so in this case. Here is my read of Chairman Pearce’s proposal – which will be voted on by the Board tomorrow.
The NLRB appears to be moving forward with short-circuiting employers rights because they’re inconvenient. Pre-election hearings will be limited to whether or not there is a question of representation – which is often not in dispute. All other pre-election issues become post-election issues and most post-election issues, the Board freely admits, are mooted by the results of a successful certification of the union.
The Board apparently doesn’t care if the election is fair – if the union succeeds, all is well. Employers will be forced to play a game of “I Win” in which the rules of the game are – the union wins. All of this will be able to happen in as little as three weeks instead of five.
For reference, Winston Churchill defined a fanatic as “one who can’t change his mind and won’t change the subject.”
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