Citing a survey of ABC member and chapter labor attorneys that found widespread dissatisfaction with the 2014 “ambush” election final rule, ABC submitted comments urging the National Labor Relations Board (NLRB or Board) to rescind the rule in whole or in significant part and return to the election procedures that were in effect and working well prior to the new rule’s adoption.

The final rule, which went into effect April 14, 2015, dramatically overhauls the procedures for union representation by greatly reducing the amount of time between a union filing a representation petition and an election taking place. 

In its comment letter, ABC said that the new rule’s requirements are unduly burdensome for employers and intrusive into employee privacy, and that they infringe on the rights of employers and employees to a fair pre-election process, according to a survey of ABC member and chapter labor attorneys.

ABC filed the comments in response to the Board’s request for information (RFI) seeking public feedback on the rule, also known as Representation-Case Procedures. Additionally, ABC filed comments with a coalition of business groups and other stakeholders as a leader of the Coalition for a Democratic Workplace. 

ABC has been a vocal opponent of the “ambush” election rule since it was first proposed, voicing its opposition during oral testimony before the Board and through written comments. Additionally, ABC of Texas and the Central Texas Chapter of ABC filed a joint lawsuit with the National Federation of Independent Business of Texas against the final rule, but that challenge was rejected by the U.S. Court of Appeals for the Fifth Circuit. 

ABC will continue to provide status updates on the “ambush” final rule in Newsline.