“Ambush” Union Election Rules Return
Last week the National Labor Relations Board (NLRB) reissued controversial and sweeping changes to rules governing union elections, upending years of precedent and threatening the time-tested balance in the workplace. This “ambush election” rule would limit manufacturers’ ability to communicate with their employers during union campaigns by shortening the period in which a representation election is held, which could be as few as 10 days after employers learn of it. It would also impose disturbing new mandates on employers, such as forcing them to turn over employees’ e-mail addresses.
While the NLRB’s stated purpose of these regulations is to “remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation,” the practical effect for employers will be shortened campaigns, faster elections, and loss of rights to appeal decisions. These regulations, coupled with the U.S. Department of Labor’s proposed “persuader” rules and the Specialty Healthcare decision, may significantly undermine employers’ efforts to respond to unions and their propaganda.
Spring Clinic: Our legal counsel, David James, has scheduled a special Question and Answer Breakout Session during our upcoming Spring Conference in San Antonio. There, he will update members on union election rules and devote a substantial portion of the session to your HR, employment and labor questions. David and his colleague, Joe Schmitt, provide free employment counsel to members, and this is a great opportunity to ask David questions about issues you currently face.
Registration for our 2014 Spring Clinic is now open, and special discounts are available for Regular Members who bring additional executives. To register, visit .

