Sends It To White House, Where Veto Is Expected
Thursday, the U.S. House voted, 232-186, to
pass legislation overturning the
NLRB’s final rule reducing the “critical period” from petition time to
election. The action follows the Senate passage of the same bill on
March 4th by a 53-46
vote. It now goes to the President for his signature.
What Happens Next:
The President is widely expected to veto the
both the House and Senate can override the veto, the new rule will go into effect on April 14, 2015.
What This Means For Small Business:
Opponents of the rule say it will allow “ambush elections.” Among other things, the rule ends
the minimum 25-day waiting period from the time a union election is called for
and when it can be held, bars employers from filing legal challenges over some
issues until after the vote actually takes place, and give unions permission to
file election documents electronically instead of using normal mail.
Business groups argue that the rule will stack the deck against businesses,
particularly small businesses, which often lack the administrative capacity to
respond rapidly to a surprise unionization effort. The NFIB opposes the rule,
and backs the legislation to overturn it. NFIB’s senior legal counsel,
Elizabeth Milito, said, “The president will likely veto the measure, but he’ll
have to explain publicly and on the record why unions deserve another big
advantage over small-business owners.”