Presidential Veto = Quickie Election Rules

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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:

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.

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