President Obama Expected to Veto
On March 4, the Senate passed a resolution that would nullify the National Labor Relations Board’s (NLRB) rule on representation-case procedures, which will go into effect on April 14, 2015. The vote fell mostly along party lines with Republicans supporting and Democrats opposing. The procedure was unique in that it only requires a simple majority vote in the U.S. Senate, therefore avoiding the 60-vote threshold usually required to advance legislation. While the resolution will likely be approved by the House in short order, it will still be subject to a presidential veto. This week, the president did announce that he would veto the resolution should it reach his desk.
The rule is known as the “quickie election” or “ambush election” rule, and it would expedite the union representation election cycle to as few as 14 days from the union’s filing of a petition for an election. It 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 potentially until 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 determining voter eligibility in the industry due to the decentralized nature of construction workplaces operated by the same employer.
While the legislative attempts may not be able to overcome presidential opposition, there is a lawsuit making its way through the court system. This may be the best chance at blocking the rule.
For more information, please contact Jim Young at youngj@agc.org or (202) 547-0133.