House Committee Holds Hearing on Ambush Election Rule

On March 5, the House Education and Workforce Committee held a hearing on the National Labor Relations Board (NLRB) proposed rule on representation-case procedures, also known as the “ambush election” rule. The hearing “Culture of Union Favoritism: The Return of the NLRB’s Ambush Election Rule” highlighted how the rule would undermine long-standing rights of workers, employers, and unions.  The rule mirrors a rule proposed back in 2011.  A shortened version was finalized and took effect in 2012, but was invalidated by a court on procedural grounds shortly thereafter.  The NLRB subsequently withdrew its appeal of the court’s decision and formally rescinded the rule. To read more about the rule, please see the legal challenge and comments AGC submitted in 2011. AGC sent a letter to the committee highlighting how the rule would be particularly difficult to apply in the construction industry due to a number of unique aspects of the industry, including the complexity of bargaining unit and voter eligibility determination, and the decentralized nature of the workplace.  AGC is presently considering its response to the re-issued proposed rule, as is the AGC-supported Coalition for a Democratic Workplace.  Comments are due April 7, 2014. For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.