ABC’s General Counsel, Maury Baskin of Littler Mendelson, Washington, D.C., argued against the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule on March 3. Baskin argued against the rule, also known as Representation-Case Procedures, in the 5th Circuit Court of Appeals, New Orleans, La. on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB). A ruling in the case is expected in the late spring or early summer.  

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

The NLRB’s controversial final rule overhauling its procedures for union elections, commonly known as the “ambush” elections rule, will be going into effect April 14 unless a court blocks enforcement of the new rule.

President Obama March 31 signed a memorandum of disapproval effectively vetoing the joint resolution to block the NLRB’s ambush election rule, which will shorten the amount of time between when a union files a representation petition and an election takes place to as few as 14 calendar days beginning on April 14. ABC is continuing their legal challenge to this rule.

The U.S. House of Representatives passed a joint resolution March 19 to block the NLRB’s ambush election rule which will take a big step toward protecting both the due process rights of employers and the privacy rights of employees.  ABC is fully supportive of the resolution, which now moves on to the president, and has urged President Obama to sign it.

A joint resolution to halt the National Labor Relations Board’s (NLRB) controversial ambush election rule passed the U.S. Senate March 4 by a vote of (53-46) after being introduced by Sen. Lamar Alexander (R-Tenn.), ABC supported the bill, and sent a letter to each Senator urging its passage and informing them that ABC would consider the vote as a key vote on its 114th Congressional Scorecard.

A group of Congressmen Feb. 9 wrote a joint resolution Feb. 9 that would stop the implementation of the National Labor Relations Board (NLRB) ambush election rule. The resolution was introduced by Sen. Lamar Alexander (R-Tenn.) and Rep. John Kline (R-Minn.), with the support of House Speaker John Boehner (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.). Sen. Alexander is chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions and Rep. Kline is chairman of the U.S. House of Representatives Committee on Education.

ABC of Texas and the Central Texas Chapter of ABC filed a lawsuit Jan. 13 challenging the National Labor Relations Board’s (NLRB) ambush election final rule. The suit was filed jointly with the National Federation of Independent Business (NFIB) Texas in the U.S. District Court for the Western District of Texas. 

The Coalition for a Democratic Workplace (CDW) filed a lawsuit Jan. 5 seeking to overturn the National Labor Relations Board’s (NLRB) controversial ambush election rule. The changes are scheduled to take effect April 14 unless a court or Congress blocks enforcement of the new rule. The suit was filed in the D.C. Federal District Court and follows CDW’s successful 2012 lawsuit that overturned the NLRB’s previous ambush election rule. 

On Dec. 12, the National Labor Relations Board (NLRB) issued its long-awaited final rule that overhauls the procedures for union representation elections. Under this controversial rule, the amount of time between when a union files a representation petition and an election takes place likely will dramatically be reduced from the current average of 38 days. The changes are currently scheduled to take effect on April 14, 2015, unless a court or Congress blocks enforcement of the new rule.