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Senate Republicans To Force Vote Today On NLRB's Union-Friendly Ambush Election Rule | Missouri Political News Service

Senate Republicans To Force Vote Today On NLRB’s Union-Friendly Ambush Election Rule

April 24th, 2012 by mopns · No Comments

On Friday, The Hill reported, “The Senate will vote [Tuesday] on overturning the National Labor Relations Board’s (NLRB) controversial union-election rule, according to Sen. Mike Enzi (R-Wyo.). The rule, which is set to go into effect on April 30, would speed up union elections, and has attracted criticism and opposition from Republican lawmakers and business groups. Enzi, the ranking member on the Senate Health, Education, Labor and Pensions Committee, said the rule would hurt U.S. employers.”

In an op-ed for The Washington Times last week, Sen. Enzi explained the problems these Big Labor-backed NLRB rules would create for employees and employers. “[T]he rule will . . . force employees to make the critical decision about whether or not to form a union in as little as seven to 10 days. The goal of the NLRB’s ‘ambush election’ rule is to keep employees from getting timely information from the employer and other sources. Under the new rules, the NLRB will not even sort out which employees should be included in which bargaining unit until after the union election. This means employees will not even know with whom they will be lumped when they are casting their votes. In another, concurring twist, a separate NLRB decision will allow labor bosses to organize micro-unions, which are smaller bargaining units that may not represent all similar employees in the workplace. Essentially, labor bosses will cherry-pick the employees who are favorable to the union and force an ‘ambush election.’ In non-right-to-work states, dissenting employees may be required to pay union dues even if they are forced into the micro-union. Employees who are not in the union will have to deal with a workplace brimming with competing demands, red tape and discord.”

Senate Republican Conference Chairman John Thune also discussed the NLRB rule in an op-ed last week: “Time and again, the regulatory agencies under this administration have sought to issue rules that stifle growth and job creation, despite the fact that we are mired in one of the most stagnant economic periods in American history. . . . Under President Obama’s NLRB appointees, the Board has become increasingly politicized, as demonstrated by its recent ruling unfairly tilting the scales in favor of unions in labor elections. The Board’s ruling, which was issued last year, is known as the ‘ambush’ election rule because it allows union organizers to surprise employers with petitions and force an election before employers have even had the chance to provide information to their employees. On a decision as important as whether or not to form a union, workers should have the opportunity to hear from both sides free from any pressure one way or the other — an opportunity the Board’s recent decision would take away. In fact, the only groups that appear to benefit from the NLRB’s ruling are unions seeking to increase their dues-paying membership.”

The Hill points out, “Forty-five Republican senators have backed the joint resolution, including Enzi, who is sponsoring it. His office said the joint resolution has been placed on the Senate’s legislative calendar and is expected to be debated on Monday and Tuesday.

The joint resolution will be brought up under the Congressional Review Act, which provides a way for Congress to overturn regulations. The measure can pass the Senate with 51 votes and cannot be filibustered.”

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