"Ambush Election" Rule Effective Today

The U.S. Senate last week voted 45-54 against a joint resolution, S.J. Res. 36, that sought to overturn a National Labor Relations Board (NLRB) rule reducing the amount of time between a request by workers to form a union and the balloting.

Despite strong opposition from the U.S. Chamber of Commerce, the National Federation of Independent Businesses (NFIB) and the National Association of Manufacturers (NAM), the "Ambush Election" rule is scheduled to go into effect today.

These rules radically change the process for union representation elections by effectively shortening election time frames from 38 to 10 days, limiting employees' opportunities to hear from employers and giving employers fewer opportunities to raise challenges throughout the election process.

The new procedures include a host of changes that employers should be aware of, including new definitions for the scope of pre-election hearings; limits on post-hearing briefs and elimination of the 25-day waiting period. It also establishes new standards for appeals and new post-election procedures.


This article originally ran in NATSO News Weekly (NNW). NNW, NATSO's electronic newsletter, is packed with the latest updates on government and business issues affecting the truckstop and travel plaza industry. Every Monday it is emailed to NATSO members only. 

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