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NLRB’s ambush election rule is back again

Wednesday, The National Association of Manufacturers (NAM) sent out this alert to all its members.

Today, the National Labor Relations Board (NLRB) proposed sweeping changes to union elections, upending years of precedent and threatening the time-tested balance in the workplace. This “ambush election” rule would limit manufacturers’ ability to communicate to their employers during union campaigns by shortening the period in which a representation election is held; an election could be held in as few as 10 days. It would also impose disturbing new mandates on employers, such as forcing them to turn over employees’ e-mail addresses.

In 2011, the National Association of Manufacturers (NAM) fought a similar rule, which a federal judge overturned on a technicality. Now, with the NLRB at full strength, the Board re-proposed the measure. It passed along party lines, with the three Democratic members supporting it and two Republican members opposing it.

The Board’s own data do not support a need for a shortened time frame for a representation election. Currently, the average time in which an election is held is 38 days from the time a petition is received. In fact, over the past decade, the Board has either met or exceeded its own goal of the amount of days in which to hold an election. As we did in 2011, the NAM will again look to file comments to this version of the rule, and we welcome any input from you before the comment period closes on April 7.

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