Proposed Changes to Union Organizing Elections Debated by Congress, Amended by NLRB

On Nov. 30, 2011, the U.S. House passed (by a margin of 235-188) legislation blocking the National Labor Relations Board from moving forward with its “quickie election” proposal as well as reversing the Board’s recent decision on “micro unions.”  The vote fell largely along party lines with Republicans supporting and Democrats opposing.  The following Democrats, however, crossed party lines: John Barrow (D-Ga.), Dan Boren (D-Okla.), Jim Cooper (D-Tenn.), Jim Matheson (D-Utah) and Mike McIntyre (D-N.C.). The following Republicans crossed party lines: Mike Grimm (R-N.Y.), Tim Johnson (R-IL), Peter King (R-N.Y.), Steve LaTourette (R-Ohio), Frank LoBiondo (R-N.J.), Jon Runyan (R-N.J.), Chris Smith (R-N.J.) and Don Young (R-Alaska.).  AGC supported the bill, named the Workforce Democracy and Fairness Act, and sent a letter in support to the House. Despite passage of the Workforce Democracy and Fairness Act in the House, it faces an uphill battle in the Senate and the White House, leaving options to overturn the NLRB’s proposed actions limited. The labor board’s proposed rule to revise representation-case procedures, also known as the “quickie elections” or “ambush elections” rule, would be particularly difficult to apply in the construction industry given the complexity of defining an appropriate bargaining unit and determining voter eligibility as well as the decentralized nature of the workplace.  AGC submitted comments to the Board in August explaining these concerns and urging the Board to withdraw the proposed rule. The House bill also reverses the Board’s recent Specialty Healthcare decision, which abandoned longstanding reliance on a “community of interest” standard for assessing the appropriateness of a petitioned-for bargaining unit and paved the way for the formation of “micro-unions.” On the same day the House voted to limit the labor board’s ability to move forward with its “quickie election rule, the board voted on a resolution by the chairman to revise the proposed rule on “quickie elections.” This pared down version includes an amendment that prevents employers from filing appeals about election-related issues until after the election takes place. The Board approved the resolution despite a vote in dissent from the Board’s lone Republican. The action on Nov. 30 sets the stage for another Board vote on final language of the rule prior to the end of the year, at which time the Board is expected to lose its quorum and become unable to issue final rules. For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.