House Passes Resolution to Stop NLRB Ambush Election Rule

Like previous Senate vote, House approval is largely symbolic in face of likely presidential veto.

March 20, 2015

WASHINGTON – On Thursday, the U.S. House of Representatives passed a joint resolution to stop the National Labor Relations Board (NLRB) from implementing its “ambush election” rule. The resolution passed the House by a vote of 232-186 after previously passing the Senate by a vote of 53-46. However, the House and Senate’s actions are largely seen as symbolic gestures, as they do not have the requisite votes necessary to override President Obama’s likely veto.

The House and Senate’s actions are pursuant to the “Congressional Review Act” (CRA). Under the CRA, the House and Senate can vote on a joint resolution of disapproval to stop a federal agency from implementing a rule or regulation or issuing a substantially similar regulation without congressional authorization. The President can veto these resolutions, however, and President Obama is expected to do so in the coming days. A two-thirds vote is required to override a Presidential veto.

In December, the NLRB released its final rule to authorize “ambush elections,” in an attempt to speed up union elections, which could take place in as few as 11 days. The rule gives employers no time to communicate with their employees before a union election and undermines the ability of workers to make an informed decision. In addition, it will compromise worker privacy by forcing employers to provide employees’ personal email addresses, work schedules, personal cell phone numbers and other personal information to union organizers without employees’ consent. The rule only gives employers seven days to find legal counsel and prepare for a pre-election hearing before an NLRB regional officer. During those seven days, employers will have to identify every legal concern or forfeit the ability to raise the concern at all. The ambush election rule will take effect April 14, 2015.

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