Stop the NLRB's Attempt to Reinstate “Ambush” Election Rule

The National Labor Relations Board (NLRB) has re-issued a proposed rule on representation-case procedures with a public comment deadline of Monday, April 7, 2014. The rule mirrors a 2011 rule that was ultimately invalidated by a court on procedural grounds. The proposed rule, known as the “quickie election” or “ambush election” rule, would expedite the union representation election cycle to as little as 10-21 days from the union's filing of a petition for an election. This scenario is bad for both employers and employees. It would deny employers due process by limiting review of critical issues such as identifying the appropriate bargaining unit and voter eligibility until potentially after the vote is held. It would also limit workers’ access to information and provide inadequate time for workers to consider information about joining the union. The rule would have a particularly difficult application in the construction industry due to the complexity of identifying the appropriate bargaining unit and of determining voter eligibility, and due to the often decentralized nature of construction workplaces operated by the same employer. Please take a minute to submit comments to the NLRB for the public record on why the rule should be withdrawn through AGC’s Regulatory and Legislative Action Center. Also, legislation has been introduced in the House and Senate to roll back the proposed rule and the Legislative Action Center will deliver letters of support for the legislation as well.  More information on the rule can be found on the AGC website. For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.