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March 1, 2015

MSCI Asks Congress To Overturn NLRB “Ambush Elections” Rule

As Connecting the Dots reported last month, Congress will soon consider legislation that would use the Congressional Review Act to nullify the National Labor Relations Board’s (NLRB) “ambush elections” rule, which would significantly speed up the timeline for labor union elections and is set to take effect April 14, 2015. (The Congressional Review Act allows Congress to oppose federal agency regulations through a simple majority vote.) 

Last week, the Metals Service Center Institute (MSCI) agreed to sign a letter with the Coalition for a Democratic Workplace (CDW) supporting that legislation. The letter argued the rule “is nothing more than the Board’s attempt to placate organized labor by effectively denying employees’ access to critical information about unions, trampling on employee privacy rights and stripping employers of free speech and dues process rights” and “as such, the rule poses a threat to both employees and employers alike.” 

The letter also explained the “ambush elections” rule would disadvantage small employers in particular. It said, “In many cases, employers, particularly small ones, will not have enough time under the rule’s timeframe to secure legal counsel, let alone an opportunity to speak with employees about union representation or respond to promises union organizers may have made to secure union support, even though many of those promises may be completely unrealistic. Given that union organizers typically lobby employees for months outside the workplace without an employer’s knowledge, these ‘ambush’ elections would often result in employees’ receiving only half the story. Employees would hear promises of raises and benefits that unions have no way of guaranteeing, without an opportunity for the employer to explain its position and address the possible inaccuracies put forward by the union.” 

Please contact MSCI Finance and Government Affairs Vice President Jonathan Kalkwarf for a copy of the letter and check CDW’s website for more information about the legislation Congress will consider and the “ambush elections” rule in general. 

Finally, call your representatives in the U.S. House and Senate to tell them you support efforts to use the Congressional Review Act to nullify the NRLB’s “ambush elections” rule.