Letter of Support: CRA Resolutions to Halt NLRB's "Ambush" Union Elections Rule

February 27, 2012 J

Dear Senator Enzi and Representative Gingrey,

On behalf of more than 1.9 million Americans for Prosperity activists in all 50 states, I applaud your introduction of S.J.Res. 36 and H.J.Res. 103 respectively, resolutions that will stop the National Labor Relations Board (NLRB) from imposing onerous “ambush” union election rules.

Under the authority of the 1996 Congressional Review Act (CRA), Congress can disapprove of rules or regulations they deem inappropriate. By resolving that the rule “shall have no force or effect” the CRA effectively stops out-of-control regulators and halts implementation of rules that will be overly burdensome on American businesses or that Congress never intended.

The NLRB’s “ambush” elections rule promises to be an unnecessary burden for our country’s job creators. Union organizers have always had the advantage of working behind the scenes for months promoting labor organization to workers, all prior to springing an election petition on the employer. Now businesses will have an even shorter timeframe to organize a response and communicate with their employees and debunk union organizers’ claims. There is no legitimate reason why businesses should be given so little time to respond or why employees should be barred from being able to fully consider all sides of the issue before voting on something that will impact them so directly.

The NLRB claims this will reduce unnecessary delays and litigation, but really the rules are just a special favor for the Obama administration’s allies in big labor. Under the previous procedures, ninety-five percent of union elections were held within 56 days after a petition was filed, an eminently reasonable timeframe. The NLRB’s new procedures will accelerate the process, move many important legal and administrative challenges to after the election, and thereby shorten the time from petition to election to as little as 10 days.

The NLRB needs to go back to the drawing board and rewrite these misguided rules. Your resolutions send them a strong signal that they need to do exactly that. Americans for Prosperity is proud to support S.J.Res. 36 and H.J.Res. 103, CRA resolutions disapproving of the NLRB’s “ambush” election rules. I urge your colleagues to support passage of this important legislation, and I look forward to working with both of you in the future.


James Valvo
Director of Government Affairs
Americans for Prosperity

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