ABA submitted comments to the National Labor Relations Board opposing a revived “ambush” election proposal. This proposal will significantly alter the entire union representation election process to favor unions by limiting employers due process rights to effectively shorten the time between when the union petitions for election and the Board conducts the election. Right now, the median time between petition and election is 38 days. Under the ambush election proposal, the time frame could be as short as 10 days. The shorter the election, the less time employers and employees have to communicate about the general disadvantages of unions or about a specific union attempting to organize the workplace. Thus, the ambush rule will trample businesses’ free speech and due process rights, while also greatly limiting worker access to information needed to make an informed choice about union representation.
Other provisions in the rule include:
1. requiring pre-election hearings be held within seven days of the filing of the petition;
2. requiring employers to draft a “statement of position” to be presented at that hearing which sets forth their position on all relevant legal issues;
3. requiring employers to provide union organizers with employees’ private information.
With respect to the latter, the Board’s proposed rules would require that employers give the union—in addition to names and addresses—employee phone numbers, email addresses, work locations, and shift and classification details.
Click here to to view ABA’s official comments sent to the NLRB opposing this proposal.