U.S. Senate Votes to Overturn NLRB's Ambush Election Rules, But Veto Proof Majority Is Lacking

Volume 14, Issue 4
March 4, 2015

Earlier today, exercising its power under the Congressional Review Act, the U.S. Senate voted to overturn the new union election rules issued by the National Labor Relations Board (NLRB). The U.S. House of Representatives held a hearing today on the same issue and is expected to follow the Senate's lead. However, the White House has indicated President Obama will veto any such legislation and supporters are well short of the two-thirds majority necessary to override a veto. Thus, it appears the last hope to stop the NLRB's ambush election rules rests with the pending lawsuit filed by business groups. See KZA's January 29, 2015 Employer Report.

Dubbed the "ambush election rules," due to their dramatic changes to the agency's longstanding union election procedures, including speeding up the election process before employers are able to effectively respond and employees can fairly assess their options, the NLRB's new election rules become effective on April 15, 2015. See KZA's December 15, 2014 Employer Report. In an article by Kent Hoover, Washington Bureau Chief of The Business Journals, Geoff Burr, Vice President of Government Affairs for Associated Builders and Contractors, is quoted as saying that "'Should the ambush rule be allowed to take effect in April, it would have the unique distinction of violating both the due process rights of employers and the privacy rights of employees.'"

KZA founding partner, Gregg Kamer, will be discussing the NLRB's ambush election rules and what they mean for employers at a KZA Management Workshop on April 21, 2015. Both clients and non-clients are welcome to attend the Management Workshop by registering here.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.