Karla's Musings

New Union Election Rules Start April 2012

Employers plan for “quickie” union elections.  The National Labor Relations Board (NLRB) on Dec. 21, 2011, approved a set of sweeping revisions to the rules governing union election procedures. The change was designed to speed up union representation votes and make it easier for organized labor to recruit and gain new members.The final regulation, which some opponents call the “quickie” or “ambush” union election rule, will take effect on April 30, 2012. Mark Pearce, chair of the NLRB, says the primary goal of the rule change is to reduce litigation in union election cases.  Mike Enzi, R of Wyoming, says, not so fast.  Enzi, ranking member on the Senate Health, Education, Labor and Pensions Committee intends to challenge the rule under the Congressional Review Act (CRA).  This law allows the Senate to introduce a resolution of disapproval to prevent an agency from enforcing a rule.  It is unlikely the Senate would get the votes and even so President Obama would veto, so it appears largely symbolic.   Enzi states “…..the rule….will allow union bosses to ambush employers with union elections before employers have a fair chance to learn their rights and explain their view to employees.”  (which is required by law btw)  Enzi said “I plan to lead the fight against their onerous rule ….. It is disappointing that union advocates believe their best chance to succeed when it comes to union elections is to ensure that only one side of the story is able to get out.  Instead of using backdoor political maneuvers to boost anemic union memberships and smother our nation’s struggling economy, this Administration should help America regain its strong financial footing.” 

So far the NLRB has been unable to muster the support for the “check off” procedure to replace “secret voting” for employees when deciding if they want to have a union represent (come between) them and the employer.  Once again, elections have consequences.  Obama’s hand picked NLRB members are cleverly issuing rules and regulations (which are as binding as law) that affect the employer and employee relationship.  

Unions gain their life blood through employees’ dues and fees.  Union organizations need members to stay alive and relevant.  Unionized workers have historically voted Democrat.  More members means more money for union management, more elected officials who are Democrat, AND more unelected administrative bureaucratics with authority to issue rules (like the afore mentioned) that favor union growth. 

Elections have consequences.

Above information from SHRM Weekly Issues Report and Employment Law Update.