Newsletter

March 22, 2013 - Bill Would Help Keep ‘Ambush’ Union Elections on Hold

A congressional committee this week approved legislation that would temporarily bar the National Labor Relations Board from re-passing controversial “ambush” election rules or voting on other initiatives that would make it easier to unionize retail stores and other businesses.

The Preventing Greater Uncertainty in Labor Management Relations Act would block the NLRB from enforcing any action taken since January 2012 and from taking any further action that requires a quorum. January 2012 was when President Obama made three appointments to the five-member panel during a Senate recess in an attempt to get around the usual requirement for Senate confirmation. A federal appeals court ruled this January that Obama violated the Constitution in doing so, leaving all decisions made by the board since then in question.

The prohibition would last until the U.S. Supreme Court rules on the constitutionality of the appointments, new board members confirmed by the Senate are seated or the terms of the recess appointees expire next year.

The ambush rules, which would allow a union organizing election to be held in as little as two weeks rather than the current median of 37 days for most elections and 100 days for those involving legal challenges by employers, were passed before the recess appointments took place. But they were struck down last year in a separate court case backed by NRF and are currently awaiting a new vote by the board to pass them again. If the legislation becomes law, that vote and any other vote requiring a quorum would be put on hold.

A ruling allowing micro unions within a company – such as a single retail store within a chain or even a single department within a store – came before the recess appointments and will not be affected.

The legislation was approved 23-16 by the House Education and Workforce Committee on Wednesday and is now awaiting a vote by the full House.

“NRF supports a lawful, balanced and functional National Labor Relations Board,” NRF Senior Vice President for Government Relations David French said in a letter to committee members urging passage. “The current legal uncertainty facing the NLRB, however, leaves too many employers and employees in limbo.”

“Congress cannot stand by and allow this legal chaos to grow,” said Representative Phil Roe, R-Tenn., sponsor of the bill. “My legislation ensures we don’t have to.”

© 2013 National Retail Federation