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Read MorePosted on February 10, 2014
The National Labor Relations Board last week resumed its effort to permit accelerated elections long sought by organized labor to limit the ability of employers to respond to union organizing efforts.
The NLRB issued a notice of proposed rulemaking Tuesday on an initiative that would curtail employers’ ability to appeal eligibility and other issues prior to a union representation election. A federal court invalidated an earlier NLRB attempt to issue a “quickie election” rule because the agency lacked a quorum when it approved the regulation.
AIM was among several business groups nationally to have brought that court action.
Abbreviated union elections place employers at a disadvantage because most don’t find out about a union campaign until it is well under way- frequently when the union has more than 75 percent of the potential unit employees signed up. Short elections provide insufficient time for a company to combat potential misrepresentations that the union has been able to make without the opportunity for an opposing view.
Among other changes, the proposed rule:
Analysts believe the rule could shrink the average time from union petition to election from the current 38 days to as few as 10 days. The change comes despite the fact that the NLRB has met or exceeded its own goals during the past decade for the time it takes to conduct an election.
Unions have been successful in approximately two-thirds of representation elections during the past two years and that success rate is certain to improve with a compressed election schedule. Unions are also likely to target small employers that were previously uneconomical to organize.
Associated Industries of Massachusetts encourages employers to express their opposition to the proposed rule changes in one of several ways:
AIM also urges employers to address the conditions that invite unions into your company and focus on making a union unnecessary.
This means:
AIM can provide your organization guidance and training in each of these issues. Contact Gary MacDonald at 617.488.8348, gmacdonald@aimnet.org for details.