Rep. Phil Gingrey: Fights NLRB Ambush Election Rule, Defends Employer-employee Relationship

Your Washington Desk:

Gingrey fights NLRB ambush election rule, defends employer-employee relationship

From Rep. Phil Gingrey:

Rep. Phil Gingrey, M.D., joined Rep. John Kline, House Education and the Workforce Committee Chairman, and other congressional leaders in support of new legislation to fight the National Labor Relations Board (NLRB) ambush elections rule. The legislation, H.R. 4320and H.R. 4321, will defend worker and employer rights by rolling back this controversial NLRB initiative that stifles free speech and free choice in the workplace.

“Ambush elections are just another relentless NLRB attempt to advance President Obama’s Big Labor agenda,” said Gingrey. “We cannot allow this administration to create a business environment where workers are subject to intimidation and harassment. This legislation will prevent this unnecessary overreach by the NLRB, and defend workers’ privacy and right to free speech.”

Background:

In February, the NLRB proposed sweeping changes to long-standing labor policies in an attempt to speed up union elections. Nearly identical to a rule introduced in 2011, the board’s proposal provides employers only seven days to find legal counsel and appear before an NLRB regional officer at a pre-election hearing. During those seven days, employers will have to identify every legal concern or basically forfeit the ability to raise additional concerns during the course of the hearing. The rule also delays answers to important questions, including voter eligibility, until after the election has occurred. Finally, the proposed rule jeopardizes worker privacy by providing employees’ names, home and email addresses, work schedules, phone numbers, and other personal information to union organizers.

As a result of these changes, union elections could occur in as few as 10 days, providing employers no time to communicate with their employees and undermining the ability of workers to make informed decisions. The legislative response proposed by Chairman Kline, Senator Alexander, and Representative Roe would:

• Guarantee workers have time to gather all the facts to make a fully informed decision in a union election. No union election will be held in less than 35 days.

• Ensure employers are able to participate in a fair union election process. The bill provides employers at least 14 days to prepare their case to present before a NLRB election officer and protects their right to raise additional concerns throughout the pre-election hearing.

• Reasserts the board’s responsibility to address critical issues before a union is allowed to represent workers. The board must determine the appropriate group of employees to include in the union before the union is certified, as well as address any questions of voter eligibility.

• Empower workers to control the disclosure of their personal information. Employers would have seven days to provide a list of employee names and one additional piece of contact information chosen by each individual employee.

To learn more about the legislation introduced in the House, click here.

To learn more about the legislation introduced in the Senate, click here.