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NLRB Gives Early Holiday Gift to Labor Unions: Passage of Final Rule on Quickie Elections

Volume 10, Issue 17
December 21, 2011

Earlier today, the National Labor Relations Board (NLRB) announced its adoption of the final versionof a rule amending its union representation election procedures to make it easier and faster for labor unions to organize your workforce under the thinly veiled guise of "reducing unnecessary litigation and delays." The final rule will be published in the Federal Register tomorrow, Thursday, December 22, 2011, and is effective on April 30, 2012.

The U.S. Chamber of Commerce has already filed a lawsuit to block the NLRB's new rule, because, as explained by U.S. Chamber of Commerce Senior Vice President Randy Johnson, it "has no conceivable purpose but to make it easier for unions to win elections," thereby restricting the rights of employers.

The NLRB's rule changes are a watered down version of the Obama Administration's and the former Democratic-led Congress' attempts to give labor unions "card check" elections under the Employee Free Choice Act (EFCA), which would have denied many workers the protections of a government supervised, secret ballot election. Since the demise of the EFCA, the Obama NLRB and labor unions have turned their attention to what internal changes can be made to the way the NLRB operates without having to risk another legislative defeat.

The final rule was approved by a two-Member majority of the NLRB, consisting of Democrat NLRB Chairman Mark Gaston Pearce and Democrat Member Craig Becker, and then rushed to publication before Republican Member Brian Hayes even had an opportunity to submit a dissenting statement. However, NLRB Chairman Pearce and Democrat NLRB Member Becker maintain that they delayed the effective date of the final rule until April 30, 2012 just so NLRB Member Hayes will have time to write a dissent.

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