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June 14, 2015

Analysis: Employers Were “Right To Worry” About NLRB Ambush Elections Rule

According to labor and employment lawyer Christine Holst, U.S. employers were “right to worry” about the effects of the National Labor Relations Board’s (NLRB) ambush elections rule, which took effect in April. Advocates for employers, including MSCI and its partners at the Coalition for a Democratic Workplace, argued the regulation would quicken the pace of union organizing elections. 

Holst says that’s exactly what has happened. She reports, “The median time from the filing of the petition to the election dropped a staggering 40 percent, from 38 days under the old rules to just 23 days under the new rules,” which “gives employers on average two weeks less time to educate employees and respond to a union campaign.” 

Holst also reports that the number of union petitions increased 32 percent in the first month after the rule took effect and that the number of petitions was up 17 percent from the same period in 2014. 

As a reminder, MSCI continues to support litigation making its way through the courts that will overturn this rule. As that lawsuit moves forward, we would love for you to tell us if this rule has impacted you and your company. 

Still interested in learning more about the impact of this rule? Read this National Law Review article