BREAKING: Chamber Sues NLRB Over New Quickie Election Rule

by | Dec 21, 2011 | Uncategorized

The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace sued the National Labor Relations Board (NLRB) to challenge the NLRB’s new “ambush election rule,” which will make it significantly more difficult for employers, especially small employers, to respond to union campaigns. The Chamber’s lawsuit explains that the National Labor Relations Board’s final “ambush election rule” imposes unprecedented and sweeping changes to the procedures for conducting workplace elections to determine whether employees do or do not wish to unionize. The rule drastically speeds up the election process, depriving employers of a fair opportunity to explain to employees the costs of unionizing and curbing employers’ opportunities to bring legal challenges to proposed representation elections. The rulemaking process has been the subject of significant public controversy because of the Board’s rush to issue the rule before board member and former union lawyer Craig Becker’s recess appointment expires on December 31. The lawsuit argues that the blatantly partisan purpose of this rule is to ensure that employers have no time to talk to their workers about unionizing, and that the only information workers will get will come from the union. According to the Chamber’s lawsuit, the rule violates the National Labor Relations Act, the Administrative Procedure Act, the Regulatory Flexibility Act, and free speech and due process constitutional rights.

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