If anyone had a question about how the National Labor Relations Board decision on Specialty Healthcare and the recent implementation of the Ambush Election regulation would play out, we got an answer today. Today the NLRB released a decision on four cases involving Nestle Waters. The company has gone from having no petitions filed on April 13, to four petitions in four facilities filed in California on April 15. The petitioned bargaining units were contested to the Regional Director and ruled on today, May 5th. The elections in each of the four petitioned units will occur on Friday – this Friday, May 8th, just three weeks after the employer received the petitions.
This is a perfect illustration of why the ambush elections regulation and the Specialty Healthcare decision were always meant to be implemented in tandem. A one-two punch that’s virtually certain to knock out more and more bargaining units in more and more businesses. It creates the perfect environment for organizers to conduct a stealth campaign of a small, targeted bargaining unit and surprise the employer with a petition. Even if the bargaining unit is contested, the Regional Directors are effectively set on auto-pilot to approve whatever bargaining unit(s) the unions want and set the election date – quickly. The NAM and its allies continue to fight against both of these misguided policies in the courts and on Capitol Hill.
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