By Ruder Ware Alumni
April 28, 2015
Action was taken by the United States Senate seeking to stop the implementation of the “quickie election” regulations scheduled to take effect in April. The Senate passed Senate Joint Resolution 8 to attempt to stall the implementation of these new Rules. While this is an effort that has support from the majority in the Senate and House of Representatives, it is unlikely that this legislation will pass the review from the President. The end result will continue to leave the “quickie election” rules in limbo.
The Joint Resolution passed by the Senate calls for blocking of rules covering disputed representation cases and require the NLRB to get congressional approval to implement any similar type of rule. These rules are to take effect in mid-April and would greatly affect the union election proceedings that result in a vote to determine whether a group of employees wish to be represented by a union. Please see these past posts for more background information.
NLRB Finalizes Union Election Rules to “Modernize” and “Streamline” Election Process at Nonunion Workplaces
Lawsuit Challenges NLRB Rules on Quickie Election
A Quick Fix to the Quickie Election Rules?
It is certainly not clear whether this Joint Resolution will really have any impact at all. The attempt is to show there is not legislative support for the actions being taken by the National Labor Relations Board. There is litigation pending in the D.C. Federal Court to block the enforcement of these new regulations, but the status of that litigation is also unclear. It is not clear whether the litigation will stop the initial implementation of these rules.
Employers should be careful about the potential for union election petitions being filed for representation of company employees. It is better to be prepared than to rely upon potential litigation to possibly block the implementation of these rules.
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