Employment and Labor Law
National Labor Relations Board / Department of Labor
NLRB "Snap Elections" & DOL "Persuader" Rules:
- NLRB Proposes “Ambush Elections” Again: On Feb 6, 15 days after it overturned the “snap elections” or “ambush elections” rule, NLRB re-proposed the rule. The new rule is nearly identical to the previous attempt and substantially shortens the time period between the filing of a petition for a union-representation election and the election. The previous rule was struck down May 14, 2012 on procedural problems, but the merits of the rule were never addressed. Comments are due Apr 7, 2014. Read the rule here.
- “Ambush Elections” Overturned Setting up NLRB to Try Again: On Jan 22, NLRB overturned the “snap elections” or “ambush elections” rule which would have substantially shortened the time period between the filing of a petition for a union-representation election and when the election is held. The rule was struck down May 14, 2012 in Chamber of Commerce of the U.S. v. NLRB on the grounds that the Board lacked a quorum when it issued the final rule. Unfortunately it is believed that this will reset the NLRB to redo this rule and avoid procedural problems which lead to its initial demise. Read the Federal Register Notice
FINAL RULE: "Snap Elections" (*temporarily invalidated by courts, NLRB will not enforce until further notice)
NLRB Poster Notification Rule:
- NLRB's “poster” regulation is dead. In Aug 2013, the U.S. Court of Appeals for the Fourth Circuit denied a rehearing of its decision that the NLRB lacked statutory authority to promulgate the regulation. In, the U.S. Court of Appeals for the District of Columbia dismissed the Board’s petition to review its previous decision which held that the regulation violated employers’ free speech rights. After being rejected by two courts, the Board did not ask the U.S. Supreme Court to review either case before the Jan 2 deadline. This ends both the litigation over the rule and, ultimately, the rule itself.
NLRB Poster Rule Factsheet (*invalidated, will not be enforced by NLRB)
- NLRB Provided Poster
For even more information on all three rules please visit the Coalition for a Democratic Workplace.
Employee Free Choice Act
Learn About EFCA:
EFCA on YouTube:
- The Employee "Forced" Choice Act (2:02)
- Former Union Organizer Discusses Union Tactics (2:44)
- George McGovern on EFCA (1:02)
- Protect Worker Privacy (0:30)
- Card Check: Poison For Jobs (0:32)