Leveling the Playing Field for Workers and Employers

Below you will find background information on the NLRB's proposed election reform rule.

The National Labor Relations Act was intended to provide more stable, less conflict-ridden labor relations for both employees and employers, including a free and fair way for workers to decide upon union representation. A fair election process in the workplace has been just one casualty of the ideological war against our nation’s middle class and their rights.

The National Labor Relations Board has issued a proposed rule to improve the election process.  The proposal updates both pre- and post-election procedures. These modifications will bring these procedures into the 21st century and allow the parties to avoid unnecessary and costly delays.  The rule provides for electronic filing of petitions and other documents.  It ensures the timely exchange of information so that all parties will understand the process itself and any issues to be resolved early on.  It defers time-consuming litigation over most voter eligibility issues until after the election.  It provides for a more timely delivery of voter lists.  And it consolidates the post-election appeals process.  

Workers deserve a fair process that allows them to decide whether to form a union. The current process has been long open to manipulation, delay and drawn-out pre-election maneuverings. Delays cause unnecessary conflict and disruption in the workplace. These disruptions damage labor relations and harm productivity.    

The current process to hold an election on whether to form a union is badly broken. The current process allows bad actors to use litigation to stall elections for months after workers petition to hold an election. Election delays provide opportunities for unscrupulous employers to engage in threats, coercion, and intimidation of voters. The delay can be exploited to violate workers’ rights, including firing pro-union workers or threatening to close the plant if the workers vote a certain way.

The proposal reduces frivolous litigation, saving all parties, including the government, from wasting resources.  The proposal provides for the timely exchange of information so that issues can be resolved early.  It improves workers’ ability to hear from all sides.  The proposal neither encourages nor discourages unionization.  Some workers will choose to form a union, and some will not.  A clear and more standardized process to make that choice can better ensure that the choice is made freely, and not subject to manipulation.  In addition to workers, employers also benefit from the greater certainty of a clear and consistent election process.

History shows that, when workers’ rights are respected, the economy benefits.  Protecting workers’ right to make their voices heard helped build a strong middle class.  Erosion of that right has weakened the middle class.  If workers ask for an election, they should get an election – not delay, not interference, not retaliation. 

Critics of the National Labor Relations Board do not want a level playing field.  Bad actors prefer a process that is open to delay and manipulation.  Rather than letting workers choose for themselves, bad actors would prefer to delay or prevent the choice from ever being made at all.  The proposal reduces the opportunity for bad actors to play games with the process.

For more on the NLRB's proposed election reform rule, click here.