Labor Rules May Be Changed - safnow.org

The National Labor Relations Board (NLRB) announced this week it is seeking input from the public about possible changes to the Obama-era union labor policies.

In 2014, the NLRB finalized a rule that rushed union elections which left employers little time to prepare. Often referred to as the “ambush election” rule, it overturned the traditional union election process by significantly compressing the time between the call for an election and the actual vote.

The rule was one of the provisions included in the Employee Free Choice Act (EFCA), also known as “Card Check,” which was opposed by SAF and rejected by Congress. After EFCA’s failure in Congress, supporters of the measure instituted many of its policies through regulations issued by the US Department of Labor and NLRB.

Union representatives often spend months or years communicating the benefits of forming a union without the knowledge of, or response by employers. Under the rule, an employer has just a matter of weeks or even days to provide their side of the argument.

The rule has provided a decided advantage to labor unions. Prior to the rule, the average election cycle took about 38 or 39 days. Under the new rule, the average election cycle is closer to 22 or 23 days. This has led to an uptick in union victories in representation elections, especially in smaller bargaining units.

The NLRB now has a majority of Republican appointees. Earlier this month, the NLRB general counsel issued a memorandum noting that he believes that the NLRB should examine “cases over the last eight years that overruled precedent and involved one or more dissents.”

The review and possible change to the ambush rule may be the first of many similar actions that will be taken by the NLRB.

Safnow Login


SAF Members only. Please login to access this page.

Not a member? Click here to find out why you should join SAF today.

Email :


Password :


Lost your password?

(close)