March 19, 2018 | by    

NLRB Gives Stakeholders More Time To Comment On Ambush Elections Rule

The National Labor Relations Board has again extended the public comment period for altering union election rules previously set by the board. The new deadline for comments is April 18, 2018.

As Connecting the Dots explained in January, the proposed changes would undo a 2014 rule that sped up workplace organizing by postponing employer litigation until after a union election. The rule that is under review also ended a 25-day waiting period between ordering an election and having it take place. In a notice published in the Federal Register in December, the NLRB said it wanted to know whether the rule:

  • Should be retained without change?
  • Should be retained with modifications and, if so, what modifications should be made?
  • Should be rescinded and, if so, should the NLRB revert to the Representation Election Regulations that were in effect prior to the 2014 Election Rule’s adoption, or should it make changes to the prior Representation Election Regulations?

The Coalition for a Democratic Workplace (CDW), which the Metals Service Center Institute (MSCI) is a member of, will file comments. The CDW and MSCI opposed the ambush elections rule, which drastically changed the process by which the NLRB conducted elections in which employees vote on whether they want to be represented by a union. The Obama-era proposal was intended to increase union density and dues revenue streams at the expense of employees, who, under the ambush elections rule, do not have the opportunity to hear from both sides of the debate prior to voting on union representation.

Additional information about the 2014 rulemaking can be found on CDW’s website. MSCI members who are interested in responding to the RFI can learn how to do so by clicking here