Small Business Urges 5th Circuit Federal Court of Appeals to Invalidate Ambush Election Rule

Date: August 11, 2015

Contact:
Kelly Klass 609-713-4243 or
[email protected] 

NFIB says the NLRB
is unlawfully rigging union elections

Washington, D.C.,
(August 11, 2015) –
Yesterday, the National Federation of Independent
Business (NFIB) filed an appeals brief asking the United States Court of
Appeals for the Fifth Circuit to invalidate the quickie election rule. In
December, the National Labor Relations Board (NLRB) issued a rule tipping the
scales in favor of unionization in the workplace by accelerating the union
election process. 

 “Despite the NLRB’s
statutory charge to act as a ‘neutral arbiter,’ their new election rules heavily
favor unionization over businesses,” said NFIB
Small Business Legal Center Executive Director Karen Harned
.  “By accelerating the election process, the
NLRB is depriving both employees and employers of their Constitutional
rights.  Employers now have no time to
adequately communicate to their employees about the implications of unionization,
and employees are forced to make an uniformed decision about an important
workplace matter.”  

NFIB is a co-plaintiff with the Associated Builders and
Contractors of Texas in the appeal of a federal district court decision, which upheld
NLRB’s quickie election rule in June. 
The rule, which took effect on April 14, 2015, dramatically accelerates
the timeframe for union organizing
elections in the workplace.  Previously
employers were given a little over a month to prepare themselves and employees
for union elections, but now they are forced to hold elections under a
radically expedited timeline—sometimes in as few as 15 days or less. For this
reason, it’s been dubbed the “ambush election rule.”

The NLRB’s rule
also requires employers to provide personal information about their employees
to unions.  Employers are required to
provide information like home addresses, telephone numbers, shift schedules,
and personal email addresses, all of which unions use to promote  “Big Labor” messages.

“As if rigging
the elections weren’t enough, the NLRB is also forcing employers to violate the
privacy of their employees so unions can ambush potential members with
pro-union propaganda,” Harned continued. 
“It is clear that the NLRB is creating an uneven playing field in the
hopes of boosting union membership, so we are urging the Fifth Circuit strike
this rule down.” 
 
The case is captioned, Associated
Builders and Contractors of Texas v the National Labor Relations Board

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