Senate Passes Resolution to Stop NLRB Ambush Election Rule

Earlier this month, the Senate passed a joint resolution (53-46) under the Congressional Review Act (CRA) offered by Senate Majority Leader Mitch McConnell (R-KY) and senators Lamar Alexander (R-TN) and Mike Enzi (R-WY) to stop the National Labor Relations Board (NLRB) from implementing the "ambush election" rule. The senators introduced the resolution under the CRA last month, which is the first step in stopping the NLRB’s from implementing the rule without congressional authorization. House Education & Workforce Committee Chairman John Kline (R-MN) along with House Health, Employment, Labor and Pensions Subcommittee Chairman Phil Poe (R-TN) have introduced a similar resolution in the House. The House will begin debate on the measure once it returns from recess next week. Once the resolution is brought to the floor for a vote, it will require a simple majority for passage before sending it to the president.

The "ambush election" rule, finalized by the NLRB in December 2014, becomes effective on April 14, 2015 and implements sweeping changes to union elections. It allows a labor union to hold an election in as few as 11 days – the current election is held in an average of 38 days -- after the Board receives an election petition, prevents workers from receiving balanced information from both sides of the bargaining table and requires employers to disclose their employees’ personal contact information. NRMCA, along with members of the Coalition of Democratic Workforce, sent a letter to members of Congress supporting the Congressional Review Act in order to stop the NLRB from implementing this rule.