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NCCR Urges Congress to Halt Ambush Election Regulations

For Immediate Release
Stephen E. Schatz (202) 626-8119
SchatzS@NRF.com

NCCR Urges Congress to Halt Ambush Election Regulations

WASHINGTON, March 8, 2012 – Congress needs to block the National Labor Relations Board from implementing controversial regulations allowing unions to hold “ambush” organizing elections, the National Council of Chain Restaurants said in a letter sent to Capitol Hill today.

“The ambush election edict is just one example of the biased gambits that the NLRB is promoting in an attempt to reward union organizers at the expense of small businesses and their employees,” NCCR Executive Director Rob Green said in the letter. “Elections conducted under these conditions would allow union organizers to conduct stealth organizing campaigns for months in advance targeting unsuspecting employees and employers and would unfairly restrict the ability of a business owner to discuss this vitally important issue with their employees prior to such an election.”

Regulations set to take effect April 30 would allow a workplace union election to be held in as little as 14 days, down from the current median of 37 days for most elections.

A “resolution of disapproval” (S.J. Res. 36) introduced last month by Senate Health, Education, Labor and Pensions Committee Ranking Member Michael Enzi, R-Wyo., would use the Congressional Review Act to overturn the regulations. Unlike typical bills that require 60 votes to clear procedural votes in the Senate, the Congressional Review Act requires only a simple 51-vote majority for passage of the resolution and the measure can be considered under expedited procedures. If Senate passage is successful, a companion bill introduced by Representative Phil Gingrey, R-Ga., is awaiting action in the House.

The ambush election regulations were approved by the NLRB on a 2-1 party-line vote in December, and are the latest in a series of administrative actions that would implement provisions related to key elements of the Employee Free Choice Act, or “card check” bill, defeated by Congress in 2007.

“The U.S. Senate and the NLRB should recognize that partisan politics, high unemployment and gratuitous regulations targeting job creators don’t mix when it comes to solving our nation’s economic problems,” Green wrote. “S.J. Res.36 is a necessary first step toward curbing the NLRB’s excesses which NCCR wholeheartedly supports.”

In addition to today’s letter, NCCR is launching a grassroots campaign urging chain restaurant owners to contact Congress to voice their opposition to the NLRB regulations.

The National Council of Chain Restaurants is the leading trade association exclusively representing chain restaurant companies. For more than 40 years, NCCR has worked to advance sound public policy that best serves the interests of both chain restaurants and the millions of people they employ. NCCR members include some of the country’s largest and most respected quick-serve and casual dining companies. The National Council of Chain Restaurants is a division of the National Retail Federation, the world's largest retail trade group. www.nccr.net

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