Starting today, the U.S. Senate will consider a bill aimed at overturning the NLRB’s recent, commonsense rule that will help ensure workers who want a union election can have one without facing needless bureaucratic delay. It is important that you call your senators and tell them to VOTE NO on S.J.Res.36.
As a reminder, here’s what the NLRB’s new election rule for workers does and doesn’t do:
Three Things the NLRB’s Proposed Rule Does…
1. This rule DOES cut back on points of delay during the NLRB hearing process, closing the loopholes businesses have exploited for decades. The current lengthy and protracted election process sacrifices workers’ interests in having an election and, instead, incentivizes coercive and illegal activity from employers. During organizing campaigns, more than one-third of companies fire pro-union workers. According to a University of California- Berkeley study, the longer the election is delayed, the more likely the NLRB will charge employers with illegal misconduct.
2. This rule DOES cut back on unnecessary and costly litigation. The current process rewards unscrupulous employers who use litigation to stall an election date, often pursuing claims which are irrelevant or found to be without merit. Research shows that these delay tactics work: When employers pursue litigation, elections occur an average of 124 days after the petition was filed. By reducing choke points in the system, the rule will reduce frivolous, taxpayer-funded litigation.
3. This rule DOES standardize procedures for the NLRB’s regional offices. The rule addresses inconsistencies in procedures among the NLRB’s regional 34 offices, ensuring a clear, consistent process for all parties.
…And Three Things It Doesn’t.
1. The rule does NOT deny companies the opportunity to express their opinion about union representation. From the first day workers are hired, companies have full access and ample opportunity to make their views clear to workers. In fact, nearly half of charges of illegal conduct filed with the NLRB during organizing campaigns involve employer misconduct that took place before workers filed a petition.
2. The rule does NOT require that elections be held within a specific time period. It simply makes the process fair by removing opportunities for irresponsible companies to delay the vote and to retaliate against employees who want to form a union. Employers and workers alike are entitled to a process that cannot be manipulated to gain unfair advantage and is clear, precise, and efficient.
3. This rule does NOT hurt our economy or stifle business. On the contrary, when workers are able to choose a union freely, the economy benefits. The Economic Policy Institute estimates that if five million service workers were to join unions, approximately $34 billion in new wages would flow into the economy. Furthermore, unions help build successful partnerships between workers and corporations every day. At companies like AT&T and UPS, workers have formed partnerships with their employers to improve their lives, and these businesses continue to lead their industries.
As you can tell, the NLRB’s new election rule merely limits the amount of unnecessary litigation with a standardized process meant to ensure workers get to decide if they want to form a union. It is essential that your senators hear from you that they must VOTE NO on S.J.Res.36.