The U.S. House of Representatives Nov. 30 passed the Workforce Democracy and Fairness Act  (H.R. 3094) by a vote of 235-188. The bill is designed to counteract a proposed rule from the National Labor Relations Board (NLRB) that would shorten the timeframe for union organizing elections and reverse the Board’s recent decision in Specialty Healthcare. 

Under the proposed “ambush elections” rule, the amount of time between when a petition is filed and a union election takes place would be reduced from the average of 38 days to as few as 10 days, significantly impeding an employer’s ability to educate its employees about the pros and cons of union representation. 

In a letter sent to members of the House Nov. 28, ABC expressed support for H.R. 3094, calling congressional action on this bill “necessary to return much-needed balance to our workplace laws.” 

In addition, the two-member Democrat majority of the NLRB on Nov. 30 passed a resolution that could help finalize select provisions of the June 2011 “ambush elections” proposed rule. NLRB Member Brian Hayes voted against the resolution. 

The next step is for the NLRB to prepare a final rule that will be circulated among the board members and voted on before it can go into effect.   

“As we try to deal with the economic challenges before us, it is unfortunate that the NLRB continues to move forward with policies and rules that harm the construction industry and stifle job growth,” said ABC Vice President of Federal Affairs Geoff Burr.