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House Votes Thursday on Unionization "Ambush Rule"

Tuesday, March 17, 2015   (0 Comments)
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Courtesy of AmericanHort and voterVOICE

On December 14th, 2014 the National Labor Relations Board adopted its Final Rule on union representation cases, and it goes into effect on April 14th, 2015. What is this so-called "ambush rule?"

The provisions of the final rule that are most concerning revolve around the significant decrease in time between a union filing a petition for election and the NLRB holding of said election. The current median time for elections is 38 days, and 95% of the elections take place within 60 days. In the new rule published in December, the median time from petition to election could fall to as few as 14 days.

Other rule provisions include a requirement by employers to provide personal telephone numbers and email addresses of their employees within two days of the election agreement or decision directing an election. Employees are not afforded the right to have this information withheld from the union organizers.

So why does this matter to AmericanHort and horticulture business owners?

These new provisions will substantially deprive employers of their practical ability to express to employees their perspective on unionization. It allows for and encourages essentially the same type of "back door" organizing that unions tried to achieve with the Employee Free Choice Act, also known as "card check" Not only does this affect the employer, but the employee is vulnerable to only hearing one side of the story, the union's side.

Forcing employers to provide the personal information of their employees to paid union organizers creates an avenue for provocation, coercion and other personal privacy concerns. These changes made by the rule are similar to those found in a NLRB rule from 2011 that was struck down by a federal court on procedural grounds.

Congressional momentum building to block the rule

The fight on this issue is not over. The Senate has passed a resolution known as S.J. 8 by a vote of 53-46, in favor of striking down the "Ambush Rule." They did this using the Congressional Review Act, or CRA. Passed by Congress in 1996, the CRA allows simple majorities in the Senate and House to disapprove of a regulation. The CRA's most notable use was in early 2001, to defeat the sweeping ergonomics rule that the Department of Labor published just before the end of President Bill Clinton's term.

The House is expected to consider S.J. 8 the week of March 16th. A final vote is likely on Thursday, March 19. Now is the time to call and write your Representative in the House, asking them to support a joint resolution to defeat this new rule. A presidential veto remains possible, of course, but meanwhile the House should do the right thing on behalf of America's job-creators.

Click here to send your message. When you are redirected, click on Advocacy Campaigns under Actions and then select the House Votes Thursday on Unionization "Ambush Rule" campaign to submit your message.

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