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NLRB Faces Even More Challenges To Its Ambush Election Rule

Two more business groups announced Tuesday that they are suing the National Labor Relations Board for its streamlined union election rule.

The Associated Builders and Contractors, along with National Federation of Independent Business, is the latest in a long line of business groups and other organizations to challenge the National Labor Relations Board for its controversial new union election rule.

Back in December, when the new rule was issued, the NLRB explained it was to help modernize the union election process, but since that time opponents have argued it will deprive employers of their right to explain the impacts of unionizing.

Other groups to challenge the NLRB on the new rule include the U.S. Chamber of Commerce, Coalition for a Democratic Workplace, National Association of Manufacturers, National Retail Federation and the Society for Human Resource Management.

“Associated Builders and Contractors (ABC) of Texas and the Central Texas Chapter of ABC announced today they have filed a joint lawsuit with the National Federation of Independent Business (NFIB) Texas challenging the National Labor Relations Board’s (NLRB) ambush election final rule,” ABC noted in a statement issued to The Daily Caller News Foundation.

“The ambush election final rule overhauls the procedures for union representation elections,” ABC argued. “Under this rule, the amount of time between when a union files a representation petition and an election takes place will be dramatically reduced from the current average of 38 days.”

They continue, “In addition, the rule shortens the amount of time an employer is allotted to provide a list of eligible voters and adds to the amount of personal contact information that must be disclosed to unions.”

“ABC has consistently opposed the NLRB’s ambush election rule as unfair to employers and employees and has raised privacy concerns over the proposal’s distribution of employees’ personal contact information, including in testimony before the NLRB in April 2014.”

Randy Johnson, of the Chamber of Commerce, earlier argued in a statement, “The NLRB’s rule drastically accelerates the union election process, depriving employers of their right to explain to employees the impacts of unionizing.”

Board Chairman Mark Gaston Pearce said in a statement when the ruling was first made, “Simplifying and streamlining the process will result in improvements for all parties. With these changes, the Board strives to ensure that its representation process remains a model of fairness and efficiency for all.”

“Furthermore, we question the need for the regulation given that 95 percent of all elections are now conducted within two months and that unions win more than two-thirds of them,” Johnson added.

The changes are scheduled to take effect April 14, 2015.

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