In a largely party-line vote, the Senate failed to overturn the National Labor Relations Board ambush elections rule. S.J. Res. 36, sponsored by Senator Mike Enzi (R-WY) was rejected by a vote of 45-54. Senator Lisa Murkowski (R-AK) was the only Republican to vote with the Democratic majority in opposition to the resolution.
Manufacturers are extremely disappointed by this vote and with good reason. The ambush elections rule eliminates employers’ ability to adequately prepare for a vote to unionize, denies employees the proper time to gain all the information needed to make such an important decision, and threatens to permanently damage workplace relations.
The ambush election rule, finalized by the NLRB last December, would compress the time from a petition for representation being filed and the actual election. It would also effectively strip employers of certain due process rights prior to the election. The rule is slated to take effect on Monday, April 30th.
It is still possible the rule will be delayed if a motion for injunction is successful in federal court. The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed suit against the NLRB shortly before the rule was finalized. The NAM, a leading member of the Coalition for a Democratic Workplace, is supporting the suit and the motion for injunction. It is hoped a decision will be reached by the D.C. Circuit Court yet this week.