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.  

ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity.

A group of lawmakers Sept. 9 introduced ABC-supported legislation to help restore the “joint employer” standard under the National Labor Relations Act that has been in place for over 30 years. The standard was overturned by the National Labor Relations Board (NLRB) in its Aug. 27 ruling in the Browning-Ferris Industries of California case.

ABC released a statement in response to the National Labor Relations Board’s Aug. 27 ruling in the Browning-Ferris Industries of California case, which redefines who qualifies as a “joint employer” under the National Labor Relations Act. ABC has been a vocal opponent of these changes for potentially imposing unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry.

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. 

The National Labor Relations Board (NLRB) issued a 3-2 split decision along party lines Dec. 11, stating that employees are permitted, except in very limited circumstances, to use corporate email systems during non-work time for union organizing (Section 7 activities). The Board’s decision overturns the 2007 decision in Register Guard. 

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.