March 22, 2015

U.S. House Votes To Nullify “Ambush Elections” Rule As NLRB Drops Challenge To Notice Posting Rule

On a party-line vote, the U.S. House last week passed a bill that would use the Congressional Review Act to nullify the National Labor Relations Board’s (NLRB) “ambush elections” rule. The bill passed on a 232-186 vote. (See how your representative voted on this matter here and remember you can always check members’ voting records on key issues on the MSCI website.) 

The Senate has already passed the legislation, but unfortunately the White House is expected to veto it. 

That expected veto will not be the final word on this issue, however. The National Association of Manufacturers (NAM) is challenging the rule in court and the U.S. District Court for the District of Columbia is expected to begin deliberating on that case at the beginning of April. NAM is hopeful that the court will have a decision by the effective date of the rule, which is April 14. MSCI is also a member of the Coalition for a Democratic Workplace, which is part of the legal challenge to the rule. 

Meanwhile, some good news from the NLRB: as expected, the agency has dropped its challenge of two circuit court of appeals rulings that found the agency’s “notice posting” rule, a regulation that requires businesses to post notices reminding workers of their right to unionize, is unconstitutional. As a result, employers do not have to hang the NLRB’s Notice of Employee Rights.