ABC and more than 1,200 members filed comments requesting the National Labor Relations Board (NLRB) withdraw its controversial “ambush” election proposed rule. In addition, the ABC-led Coalition for a Democratic Workplace filed comments against the proposed rule with support from more than 140 local organizations, including over 40 ABC chapters.

In its comments, ABC argued the NLRB had not justified any of the proposed changes. Particularly concerning to construction employers is the rule’s dramatic shortening of the amount of time between when a union files a representation petition and when an election takes place to as few as 10 days, which will impede their ability to pass along facts and information to employees. The board’s proposal also creates privacy concerns by requiring employers to submit their employees’ personal contact information, including email addresses and phone numbers, to union organizers.

The House Committee on Education and the Workforce took action to counteract key elements of the ambush rule by considering two ABC-supported bills on April 9.  

The Workforce Democracy and Fairness Act, introduced by House Education and the Workforce Committee Chairman John Kline (R-Minn.), ensures that employees will have a fair opportunity to make informed decisions on unionization by establishing a minimum of 35 days before a union election can take place and provides employers with at least 14 days to prepare their case before a NLRB election officer. The bill passed the committee by a vote of 21-17.

The Employee Privacy Protection Act, introduced by Health Employment Labor and Pensions Subcommittee Chairman Phil Roe (R-Tenn.), addresses privacy concerns by giving employees control over what personal information can be passed along to union organizers. The bill passed the committee by a vote of 21-14.

Both bills now move to the full House for passage at a time and date yet to be determined.

In addition to filing written comments and supporting the House’s legislative fix, ABC’s General Counsel Maury Baskin will testify at the NLRB’s public meeting on the ambush rule in Washington, D.C., April 10 and 11. The board has released an agenda of speakers and speaking times and plans to webcast the public meeting in its entirety at www.nlrb.gov/openmeeting. 

ABC will continue to monitor this rulemaking and alert members of any developments through Newsline.