Small Business Appeals Ruling in NLRB Ambush Election Suit to the Fifth Circuit Federal Court of Appeals

Date: June 04, 2015
For Immediate

Contact: Kelly
Klass 609-713-4243 or 
[email protected]
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NFIB says the ruling improperly allows the NLRB to rig
union elections

Washington, DC (June 4, 2015) – Yesterday the National Federation of Independent Business
B), along with the Texas Associated Builders and Contractors (ABC),
appealed a federal court decision in Texas upholding a controversial labor rule
allowing unions to spring elections on businesses. The case was appealed to the
Fifth Circuit Court.    

“We are deeply disappointed by this week’s ruling and have
filed an immediate appeal of the judge’s incorrect decision,” said Karen
Harned, Executive Director of the NFIB Small Business Legal Center, a plaintiff
in the Texas case
. “Despite the NLRB’s statutory charge to act as a ‘neutral
arbiter,’ their ambush election rule heavily favors unionization over
businesses and denies employers and employees their rights to weigh both

NFIB and the Texas Associated Builders and Contractors (ABC)
challenged the Ambush Election Rule, approved this year by the National Labor
Relations Board, under which labor organizers can hold workplace elections
after giving the owner as few as 10 days notification. The election rules went
into effect on April 14, 2015.  A Texas district court judge held on
Monday that the rule did not violate the National Labor Relations Act and the
NLRB could speed up the process of union elections. 

“If this ruling stands, small businesses, which typically do
not have in-house labor counsel, will have very little time to make
preparations for a union election,” said Harned.  “It could take 10 days
just to find a labor lawyer and get a meeting.  They would have very
little time to educate their employees on how unionization could affect them,
including the impact of union dues on their paychecks.”

The National Federation of Independent Business appealed the
decision to the U.S. Federal Court of Appeals for the Fifth Circuit late
Wednesday afternoon.   

“The Ambush Election is a very badly disguised effort on the
part of the federal government to rig the outcome of union elections in favor
of organized labor and is in clear violation of Congress’s intent,” said
Harned.  “Although the rule has gone into effect, this is not the end of
the legal road.  We will continue to
fight it and in the meantime, we will advise our members to prepare for these
unprecedented elections.” 

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