The National Labor Relations Board's "quickie election" or ambush election rule has been in place for close to four months since going into effect on April 15. The regulation is highly contested by employers due to the quick turnaround of private-sector employee unions being won.
The basics of the NLRB's rule
The ambush rule cuts down the amount of time necessary between the filing and processing of employee union petitions. By getting rid of the minimum 25-day waiting period, the delay between when an election is ordered and takes place is lessened, according to the International Business Times. Although it does not mandate a specific amount of time between the two processes, the rule will speed up the course of action by eliminating pre-existing, pre-election hearings and request reviews.
Under the former rules, almost 60 percent of certification elections were won due to the short amount of time between the petition filing and NLRB secret ballot election (38 days). The new ruling has cut the length of time down to 24 days, a figure that may raise the rate of wins for unions, according to the NLRB.
The ambush election rule also added extra employee information that employers were required to share for voter eligibility. Workers' names, addresses, contact information and certain job specifics are now all needed for union elections.
The Chamber of Commerce, National Retail Federation and National Association of Manufacturers filed a lawsuit in federal court to eliminate the NLRB's new rule after its announcement. Both the House of Representatives and the Senate voted against the measure, but the Obama administration vowed to veto the decision.
"The National Labor Relations Board's representation case procedures rule helps to level the playing field for workers so they can more freely choose to make their voice heard," the Obama administration's statement of administration policy read. "In doing so, it will help us build an economy that gives greater economic opportunities and security for middle-class families and those working to join the middle class."
How does this affect employers?
With the passing of this new rule, the amount of time for employees to educate themselves on the proposed union can be shortened. Communication will be key, as the rule changed many processes that employees may not fully understand. Training management to speak in a legal manner with employees about unions will be a good starting point for companies, according to the Society for Human Resource Management.
It is vital for employers to explain to workers the effect that unions will have on their workplace so workers can make a more educated decision. Due to the ruling, workers may more frequently organize, and businesses should make sure they are compliant with the NLRB's regulation. Open discussion and transparency between employer and employee is important to ensure that all points of a union petition are understood.
To build employer trust, companies should enact frequent employee relation training and work toward a better overall culture in the workplace. HR teams should be well-versed in the specifics of each union request, so that managers can better interact with the petitioning employees to find common ground.
The Board's new rule shows signs of passing, according to the Obama administration, making the regulation a mainstay for companies nationwide. By understanding the requirements of the rule in addition to how it will affect their employees, businesses can encourage understanding and disclosure from workers looking to form a union.