The National Labor Relations Board (NLRB) on March 6 asked the U.S. District Court for the District of Columbia to dismiss the lawsuit filed by the Coalition for a Democratic Workplace and other business groups seeking to block changes to its union election rules and procedures.
The NLRB argued that Congress has granted the agency a “unique amount of control” over representation cases, BNA reported. According to BNA, the agency told Judge Amy Berman Jackson in the court filing that the National Labor Relations Act gives the NLRB broad discretion in fashioning procedures for regional directors to conduct “appropriate” hearings before directing employee votes on union representation.
The “ambush elections” rule significantly shortens the period between the time a union files a request for an election with the Board and the time the election is to be held.
The rule will go into effect April 14 unless a court of Congress blocks enforcement.
The CDW, of which NATSO is a member, filed suit in January in the U.S. District Court to stop the NLRB from moving forward with its “ambush elections” rule.
The U.S. Chamber of Commerce, National Association of Manufacturers, the National Retail Federation and the Society for Human Resource Management joined CDW in the lawsuit arguing that the NLRB’s rule drastically accelerates the union election process and deprives employers of their right to explain to employees the impacts of unionizing.
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