This Court Ruling Just Gave Unions Even More Power

Date: June 14, 2016

With another brutal blow to small biz, recent court decisions have led to unions gaining 62,000 members in the past year.

Once again, the courts have ruled in favor of unions.

The 5th Circuit Court of Appeals dealt small businesses a crushing blow on June 10 when it upheld the “speedy election” rule and the right for unions to force businesses to turn over employees’ private contact information, among other invasive rules. 


NFIB and the Texas chapter of the Associated Builders and Contractors challenged the rules, but ultimately the court came down on the side of the National Labor Relations Board (NLRB).

Also known as the “ambush election” rule by some businesses owners, NLRB’s provision shortens the amount of time between a union’s requests for a workplace organizing election and when voting takes place from one to two months to 11 days.

Business advocates oppose this change because it doesn’t give adequate time for owners to determine how many of their employees are eligible to vote or question voter eligibility requirements, according to the Washington Examiner. Many also believe forcing employers to turn over sensitive information conflicts with federal privacy laws.

Small Biz “at a Severe Disadvantage”

“Small businesses everywhere are extremely disappointed by the decision, which puts employers at a severe disadvantage,” said Karen Harned, executive director of the NFIB Small Business Legal Center. “The rule essentially makes it impossible for small businesses to respond to unionization campaigns.”

These rule changes have tipped the scales in favor of labor interests, the Examiner reported. Of the 1,628 elections NLRB presided over last year, 1,128 went in favor of labor, garnering unions 62,000 new members this past year.

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