January 11, 2016

Bloomberg BNA: Study Finds NLRB Ruling Favors Labor Unions Over Employees, Employers

Last week Bloomberg BNA released a study, “Election Speed and the NLRB: How Unions Fare in the Representation Process,” which concludes labor unions fared very well under the National Labor Relations Board’s (NLRB) ambush elections rule. Specifically, Bloomberg BNA found, in the four months following the rule’s enactment, unions completed 31 more elections than they did during the same four-month span in 2015 – and won each of those additional 31 elections. Additionally, the length of time for a typical election dropped from 38 days in May to August 2014 to 24 days for that same time period in 2015. 

The findings mirror previous studies discussed in Connecting the Dots here and here. A Bloomberg BNA article highlighting the study said, “This is significant, the report says, because quicker elections have favored labor over management for many years.” In elections that are resolved within 24 days, labor unions won 88 percent of the time last year, Bloomberg BNA found. 

With its partners at the Coalition for a Democratic Workplace, MSCI opposed the NLRB rule because shorter elections do not give employees ample time to consider the benefits or drawbacks of joining a particular labor union. The NLRB’s ruling also violates employee privacy. MSCI continues to support legal efforts to overturn the NRLB ambush elections rule.