Just 15 days after issuing a final rule that overturned the "ambush elections" rule, the National Labor Relations Board (NRLB) re-proposed it earlier this week. According to NLRB, this latest version of the "ambush," "snap" or "quickie" election regulation is "identical to the representation procedure changes first proposed in June of 2011." The proposed changes would make it easier for workers to vote to create a union and significantly shorten the time between the petition to organize and the election. The proposed rule allows labor organizers to distribute information about the elections electronically. Also litigation over issues related to voter eligibility would be delayed until after workers vote on whether to form a union. This is a significant policy change that is specifically intended to curtail employer speech and increase union organizing. When combined with other NLRB decisions such as the Specialty Healthcare micro-unit decision and the Department of Labor's proposed persuader rule, these proposed changes to NLRB election procedures look like the Employee Free Choice Act.

The original rule was challenged in Chamber of Commerce of the U.S. v. NLRB and struck down in May 2012. The rule was overturned on the grounds that the NLRB lacked a quorum when it issued the final rule, as Member Hayes was never permitted to vote on the rule. Significantly, the court never weighed in on the legal merits of the regulation. This time around, the quorum issue will not be a factor, as all Members of the Board opined on the proposal. NLRB Chairman Mark Gaston Pearce and members Kent Hirozawa and Nancy Schiffer approved the reissuance of the rule, while Members Phillip Miscimarra and Harry Johnson dissented.

A 75-day public comment period is underway now, with comments on the rule due by Monday, April 7. Read the Federal Register Notice here. NRMCA will review the new version of this rule and submit comments on behalf of the ready mixed concrete industry.