ABC praised the introduction of H.J. Res. 103 to the U.S. House of Representatives and S. J. Res. 36 to the U.S. Senate. Both pieces of legislation use the Congressional Review Act to block the National Labor Relations Board’s (NLRB) “ambush” election rule. 

ABC strongly opposes the rule because it would significantly limit an employer’s ability to educate employees about the pros and cons of union representation. In addition, publication of the rule was muscled through the approval process at an expedited pace by a two-member Democratic majority of the NLRB before recess-appointed Member Craig Becker’s (D) term expired. 

In a letter of support to Reps. John Kline (R-Minn.), Phil Roe (R-Tenn.) and Phil Gingrey (R-Ga.), who introduced H.J. Res. 103, ABC stated that the rule poses a threat to both employees and employers by stripping employers of free speech and the ability to educate their employees. 

“The proposed rule would significantly impede the ability of construction industry employers to protect their rights in the pre-election hearing process; hinder construction employers’ ability to share facts and information regarding union representation with their employees; and impose numerous burdens without any reasoned justification on small merit shop businesses and their employees, which constitute the majority of the construction industry,” ABC stated in the letter.
 
In a letter to S.J. Res. 36 sponsor Sen. Michael Enzi (R-Wyo.), ABC stated, “At this time of economic challenges, it is unfortunate that the NLRB continues to move forward with policies that threaten to paralyze the construction industry and stifle job growth. If left unchecked, the actions of the NLRB will fuel economic uncertainty and have serious negative ramifications for millions of American workers. We applaud you for introducing S. J. Res. 36 and urge Congress to immediately pass this much-needed resolution.”
 
The ABC-led Coalition for a Democratic Workplace (CDW) also voiced support for this legislation in a letter to Reps. Kline, Roe and Gingrey and Sens. Enzi and John Isakson (R-Ga.). The CDW also is involved in a legal challenge against the “ambush” election rule.
 
The NLRB published the ambush election final rule on Dec. 22, 2011, with an effective date of April 30, 2012.