By Ruder Ware Alumni
April 28, 2015
President Obama has vetoed the legislation passed by Congress that would prevent the implementation of the quickie election rules authored by the National Labor Relations Board. These new rules expedite the union representation election process and eliminate the right of an employer to engage in an effective campaign to convince employees that a union is not necessary at their worksite. We have blogged on different occasions about this election rule that becomes effective April 14, 2015. See these blogs:
- Are Quickie Elections Coming in 2014? (December 16, 2013)
- Happy New Year? (December 31, 2013)
- 25 Days or Less (February 18, 2014)
- Vote Now and be Excluded Later (February 20, 2014)
- Turn Over the Voter List – You Have No Choice (February 21, 2014)
- “Quickie Election” has First Hearing (March 10, 2014)
- “Quickie Election” Rule Under Attack (April 1, 2014)
Congress passed legislation to block the implementation of these new rules that address the procedures for filing a petition for union representation and the processing of that petition. Legal challenges have been brought in Texas and Washington D.C. and it is not clear whether those legal challenges will result in a temporary judicial order blocking the implementation of these new rules. If that does not occur, employers must be very careful because unions can file a petition to seek to represent employees of the company and the petition will be processed very quickly with little opportunity for an employer to engage in an anti-union campaign with its employees. Many employers have developed a campaign that they would roll-out if needed to ensure employees know the company does not want to have its employees represented by a union.
We will have to wait to see if the litigation causes the rules to be suspended or whether they will become effective on April 14. Stay tuned.
The content in the following blog posts is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these blog posts may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these blog posts without discussing your specific situation with legal counsel.
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