NLRB finalizes rule to establish ambush elections

posted at 1:25 pm on December 21, 2011 by Tina Korbe

Just days before Democratic member Craig Becker’s term expires, the National Labor Relations Board formally adopted new procedures to govern union elections. The upshot: The new rules will shorten the time period between the day an employee first requests an election to unionize and the day that election actually takes place. The Labor Relations Institute explains in greater detail:

The new election procedure does away with  the 25-day period for Board review of unit decisions and the ability to suspend hearings once the region has determined that there are no major unit issues (i.e. unit issues affecting more than 20% of the voting unit).  It leaves out many of the other controversial provisions related to things like initial statement of position, voter lists, 7-day hearings and the like.  Clearly the focus is on the parts of the rule that gain the most days in the election process.  And  it still gets unions their key goal, which is to cut the average election time down substantially. The proposed rules in the resolution would still reduce election times down by about half, probably around 21 days.

The new procedures will take effect April 30, 2012, and little is likely to happen between now and then to forestall that. The House of Representatives has passed legislation to establish a minimum-35-day election period, but that legislation will probably not pass the Senate.

Meantime, the significance of snap elections remains much the same, regardless of whether the NLRB abandoned “the most controversial” elements of its proposals. As I’ve said since the threat of quickie elections first surfaced, the design of shortened election periods is to limit the amount of time in which employers can make the case against unionization.

NLRB Chairman Mark Pearce says, “This rule is about giving all employees who have petitioned for an election the right to vote in a timely manner and without the impediment of needless litigation.” But that litigation is only “needless” if employers’ needs don’t count in the equation. We’ve seen too many times that, with this particular NLRB, that is all too true.

What is, perhaps, most exasperating about this is that just two people decided it. The Board has been down to just three members for some time and Republican NLRB member Brian Hayes voted against ambush elections.

Update: This piece originally incorrectly referred to the current NLRB chairman as “William Pearce,” when, in fact, his name is “Mark Pearce.” The post has been corrected above.


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OH, Great. Give the thugs even more.

they lie on December 21, 2011 at 1:27 PM

When does Obama make his NLRB recess appointments?

they lie on December 21, 2011 at 1:28 PM

If I were a business ambushed I’d need about 10 minutes before the vote. In that 5 minutes I’d write a simple email:

Dear workers,

If you vote to unionize, I’m closing shop and moving the factory to Mexico.

Sincerely,
Management

angryed on December 21, 2011 at 1:30 PM

DANG! I knew come he!! or high water the union thugs would get their way! Two people made this judgement? The only thing it seems can be done to stop union thugs, have the states vote for ‘right to work’. This probably won’t fly in most states though.
L

letget on December 21, 2011 at 1:31 PM

When is a Pub. POTUS candidate going to take on the unions and make them an issue. The unions are nothing more than money laundering criminal enterprizes of the DNC and they need to be abolished or made irrelevant.

they lie on December 21, 2011 at 1:32 PM

Communists. Unions are relics and should be outlawed. They provide no value to workers, but adds cost to goods and products we have to pay for.

rjulio on December 21, 2011 at 1:33 PM

OK, That is is IT!!! let’s add the NLRB to the list of Federal Agencies to get rid of after this election is over.

SC.Charlie on December 21, 2011 at 1:33 PM

Dear workers,

If you vote to unionize, I’m closing shop and moving the factory to Mexico.

Sincerely,
Management

angryed on December 21, 2011 at 1:30 PM

+1

Lost in Jersey on December 21, 2011 at 1:34 PM

Thank Gawd I live in a right-to-work state.
Eff unions!

annoyinglittletwerp on December 21, 2011 at 1:35 PM

And yet all the lone Republican on the board had to do was resign, but he didn’t. Nice teamwork A****lo!

cartooner on December 21, 2011 at 1:35 PM

Are we?………Shocked!

KOOLAID2 on December 21, 2011 at 1:36 PM

KOOLAID2 on December 21, 2011 at 1:36 PM

I’m making more money at non-unionized Wal-mart in TX than I EVER did in the UFCW-infested groceries of Chicago.

annoyinglittletwerp on December 21, 2011 at 1:38 PM

If I were a business ambushed I’d need about 10 minutes before the vote. In that 5 minutes I’d write a simple email:

Dear workers,

If you vote to unionize, I’m closing shop and moving the factory to Mexico.

Sincerely,
Management

angryed on December 21, 2011 at 1:30 PM

——————————————————————-And then, they get to blame someone else…or stone the ‘greedy’ owner.

KOOLAID2 on December 21, 2011 at 1:39 PM

Sad union story for your Xmas reading. A large nursing home closing here eliminating jobs and uprooting the sick and elderly because well known union pushed costs to point where place could no longer meet standards. Would/does the union or labor board care…or even notice–bah humbug.

jeanie on December 21, 2011 at 1:40 PM

Another stellar move by the Geeeeeee-Oooooooh-Peeeeeee! Screw the Constitution for the next few months, right? You moron POTUS? Why don’t you go to Aruba and go scuba diving?

ultracon on December 21, 2011 at 1:42 PM

And take the weeper of the house and the appeaser of the senate with you…..

ultracon on December 21, 2011 at 1:43 PM

It really doesn’t matter. Unions are failing in both power and numbers.

BobMbx on December 21, 2011 at 1:45 PM

When I read things like this I think to myself “what is the point any more?” I mean really, NOTHING we do seems to have any sort of meaningful impact, and when we do its always some quarter measure that is more failure by half.

Sometimes I am just content to let the whole thing fall flat on its face. The left could knife a baby on CSPAN and no one would peep, but when the GOP thinks about forming a committee do think about reducing the deficit we are tied to the wheel and broken.

Sickening.

Gatsu on December 21, 2011 at 1:46 PM

See, this strikes me as beyond stupid on the part of Democrats. It’s nothing more than election year pandering, with the backdrop of, “If we can’t legislate it, we’ll regulate it.” But whom does this persuade?

The way I see it, if you’re pro-union, you’re voting for O anyway. But if you’re an on-the-fence small business owner and you’re 25 employees decide they want to collectively bargain more days off and higher pay, you’re seeing the very real possibility that your business is about to go under if you can’t convince them you’re not part of the “1%”. Are you still on the fence? I doubt it.

But that’s the nature of this election. Things are so bad for Obama given his record, he’s now directing what has traditionally been non-partisan elements of the Federal government to come through on his campaign promises for the sole purpose of energizing his base. This too, will fail.

BKeyser on December 21, 2011 at 1:47 PM

Anything that can be done can be undone. When the GOP controls the White House and the congress it will take very little effort to appoint all five members to the NLRB and roll back this piece of legislation and implement rules that are fair to BOTH sides of the issue.

While it is true that the Democrats have produced a vast amount of regulation and legislation during the last several years, and I suspect that the thinking behind a great deal of it is simply wishful thinking that the GOP will grow weary of rolling it back or changing it and that certain elements will ‘stick’. I’m certain that if the GOP truly has the will to slash through the miles of red tape and regulation and needless or unfair legislation, it can be accomplished in a timely manner. All that is required is a clear vision of what must be accomplished and the will to work until the task is finished.

thatsafactjack on December 21, 2011 at 1:50 PM

MARXISM on the rise……with a Sleepy GOP opposition…..beautiful.

PappyD61 on December 21, 2011 at 1:50 PM

IIRC, the NLRB doesn’t even have a quorum according to its own rules. It can’t make any decisions. The GOP needs to jump up and down on this.

Dexter_Alarius on December 21, 2011 at 1:55 PM

But that’s the nature of this election. Things are so bad for Obama given his record, he’s now directing what has traditionally been non-partisan elements of the Federal government to come through on his campaign promises for the sole purpose of energizing his base. This too, will fail.

BKeyser on December 21, 2011 at 1:47 PM

But the union power grabs made under this Administration’s new rules will be permanent. That is the point. It will be extremely difficult for future Presidents and Congresses to undo much of the damage this crew has done.

rockmom on December 21, 2011 at 1:58 PM

Democrat controlled NLRB is out of control. May God protect us from these crazy socialist bureaucrats.

Zorro on December 21, 2011 at 2:01 PM

I thought that if the third member (a Republican) resigned then the board would not have a legitimate quorum to impose the rule. The last I read that was the strategy.

Incrementally we are losing the war and this is another disappointment. Even more importantly I cannot figure why the Republicans are always losing particularly in the face of having the better arguments.

Actually I know that the Republicans are shockingly incompetent communicators with the American people. I mean if the mass media paint the Tea Party as racist and 50% of the American people believe it then the Republicans are incompetent speakers….think Dole then Bush then McCain.

No Chop Charlie on December 21, 2011 at 2:02 PM

Seems as if we the people have no more control. The various gov factions simply do as they please and screw us. Now, please tell me where I’m wrong when I say the gov is just too big.

jeanie on December 21, 2011 at 2:04 PM

Can this be challenged in the courts?

Buy Danish on December 21, 2011 at 2:06 PM

rockmom on December 21, 2011 at 1:58 PM

No question. However, a union’s permanence relies heavily on the success of the employer. Also keep in mind how far unions have fallen since the 50′s.

I’m counting on he silent majority to rise up next November and eliminate this threat and many others with their vote.

BKeyser on December 21, 2011 at 2:08 PM

Could this be a good thing for right to work states? Would small businesses be able to come to places like Texas and set up shop after the unions have gone scorched earth with trying to increase their rols by making grocery baggers/dog groomers/gas station attendants dues paying members?

JAGonzo on December 21, 2011 at 2:10 PM

Have we given them enough rope to hang themselves- or us?

Browncoatone on December 21, 2011 at 2:13 PM

If I were a business ambushed I’d need about 10 minutes before the vote. In that 5 minutes I’d write a simple email:

Dear workers,

If you vote to unionize, I’m closing shop and moving the factory to Mexico.

Sincerely,
Management

angryed on December 21, 2011 at 1:30 PM

Angry, greedy 1% hater… (insert obligatory /sarc tag here)

Democrat controlled NLRB is out of control. May God protect these crazy socialist bureaucrats from us – they’re gonna need it..

Zorro on December 21, 2011 at 2:01 PM

Zorro, I made a little revision to your post. The time is coming quickly, my friend, and it is not US that needs to fear THEM. It is quite the other way around.

OK, That is is IT!!! let’s add the NLRB to the list of Federal Agencies to get rid of after this election is over.

SC.Charlie on December 21, 2011 at 1:33 PM

Yet, THEY won’t. You see, this is no longer a D vs. R paradigm – that is reflected in the ultra-low Gallup poll of Congress. This is a citizen vs. statist establishment problem. The Republicans (with some notable exceptions like Rep. Ryan) are just as complicit as the Marxists. Long ago, they needed to stand up for our Constitution and rule of law and say NO. They did not. Now look what we have.

Does anyone think that this will end peacefully?

turfmann on December 21, 2011 at 2:20 PM

Incentives matter and this is one more reason for companies to avoid union states or the U.S. altogether.

RadClown on December 21, 2011 at 2:21 PM

If I were a business ambushed I’d need about 10 minutes before the vote. In that 5 minutes I’d write a simple email:

Dear workers,

If you vote to unionize, I’m closing shop and moving the factory to Mexico.

Sincerely,
Management

angryed on December 21, 2011 at 1:30 PM

And liberal4life would respond:

If he has plenty of oil jobs tell him to shove it them where the sun don’t shine. We don’t want need any of it them.

liberal4life on December 21, 2011 at 11:25 AM

rightoption on December 21, 2011 at 2:29 PM

Hi! I’m your employer. You’re going to have a union election next week. Guess what? You’re all fired. Now go get a job with the union.

GarandFan on December 21, 2011 at 2:33 PM

“From each according to his abilities, to each according to his needs”. -obama errr marx

acyl72 on December 21, 2011 at 2:39 PM

And naturally the lone Republican member failed to resign to stop this. After all, that fat government salary matters more than the country.

wildcat72 on December 21, 2011 at 2:50 PM

KOOLAID2 on December 21, 2011 at 1:36 PM

I’m making more money at non-unionized Wal-mart in TX than I EVER did in the UFCW-infested groceries of Chicago.

annoyinglittletwerp on December 21, 2011 at 1:38 PM

******************************************************************

And….I was aware a short while ago when you moved from crook town to Texas, that you worked at the Mart. After reading your posts for so long…it changed my whole outlook on the kind of people who might work there! We don’t have one near us.
My kids go to Michigan State (have their mother’s brain cells, thank gawd)…and they have a big hate relationship with the University of Michigan. We have had years of spoofs of picture and U-tube material of the “Wal-Mart Wolverines” and the type of people that shop there. In my mind, I did not have a different picture, of the whole environment there. My perception of Wal-Mart was all from the spoofs… You changed that.

KOOLAID2 on December 21, 2011 at 2:51 PM

Day 1 executive order for the new President: “All executive orders and regulations issued by government agencies and boards between January 1, 2009 and January 21 2013 are revoked.”

wildcat72 on December 21, 2011 at 2:55 PM

It clearly shows how out of favor unions are….they basically have to spring elections on an unwitting worker base to make sure the vote takes place before the worker understands how much he’s going to get screwed by unionizing.

search4truth on December 21, 2011 at 2:59 PM

Desperate times require desperate measures. The unions see the writing on the wall. I agree that the unions time is nearly through as evidenced by the bureau of labor statistics report earlier this year that 11.9% of the workforce belongs to a union of some type or another. That’s the lowest it’s been in 70 years. I don’t see this trend reversing just because they manipulate the calendar a little bit. I also don’t think it’s a good thing that they have such a powerful grip on the power brokers in Washington either but it appears that they’re headed to the dustbin of history (or at least irrelevance) so they’re pulling out all the stops. As they say however, a trapped animal is the most dangerous animal of all (or something like that…)

Chinatola on December 21, 2011 at 3:07 PM

A 30% unemployment rate will produce more voters concerned about food stamps and other government benefits, which is exactly what the Democrats want.

NoDonkey on December 21, 2011 at 3:12 PM

If I were a business ambushed I’d need about 10 minutes before the vote. In that 5 minutes I’d write a simple email:

Dear workers,

If you vote to unionize, I’m closing shop and moving the factory to Mexico.

Sincerely,
Management

angryed on December 21, 2011 at 1:30 PM

And then you would be promptly sued out of existence by both the union and the NLRB. Once the union has its sights set on you, you are screwed. I know this from experience. Your best bet is to keep your lips tightly closed and open your wallet to the best labor attorney you can afford.

stvnscott on December 21, 2011 at 3:52 PM

Can this be challenged in the courts?

Buy Danish on December 21, 2011 at 2:06 PM

Yes, but the unions will just “judge shop” till they find a sympathetic one, IE a democrat appointed one.

Mini-14 on December 21, 2011 at 3:59 PM

Any idea why the Senate has not taken up the nomination of the seconds republican? Other than the desire to maintain a 2-1 majority. It has been sitting there since January.

OBQuiet on December 21, 2011 at 4:09 PM

On balance, non-unions members should have the ability to have snap elections to dissolve these forced unions and shoudl in turn be protected by federal law the way unions are.

There, I fixed it.

madmonkphotog on December 21, 2011 at 4:11 PM

KOOLAID2 on December 21, 2011 at 2:51 PM

What a nice thing of you to say!
My Wal-Mart is considered to be the best Wal-Mart in Lubbock(the one near me is ghetto) and we’re also the district HQ. It’s a good place…except for the produce department. All the produce associates are psychotic. Especially watch out work the little one with the glasses and the Chicago accent. *wink*

annoyinglittletwerp on December 21, 2011 at 4:16 PM

NLRB? Shut it down.

limitedgovt on December 21, 2011 at 4:40 PM

We need to begin a push for an Omnibus Regulation Reset for a Free America Act with two provisions:

1. All current Regulations will sunset at the end of 2012, and any regulations deemed necessary must be specifically individually justified, with justification subject to Congressional review and approval, and individually re-authorized or they are automatically void.

2. Each Agency is allotted a maximum of 100 pages for the complete text of all regulations. Any provisions printed in fonts smaller than 10pt are void.

landlines on December 21, 2011 at 4:55 PM

It really doesn’t matter. Unions are failing in both power and numbers.

BobMbx on December 21, 2011 at 1:45 PM

not exactly true. the public sector union membership is growing rapidly. a fine bunch of treasonous crooks

acyl72 on December 21, 2011 at 6:00 PM

What happened with Hayes…I thought he was going to resign?

Jaibones on December 21, 2011 at 11:55 PM

Seriously…did anyone think this would end any other way? It might as well be called the National Labor Force-you-to-give-us-your-money Board…headed by Balack Pajama. Time is running out folks…

MooCowBang on December 22, 2011 at 12:35 AM