AFL-CIO President Richard Trumka says the NLRB’s new union elections rule “will make it easier for workers to vote on forming a union in a timely manner.”
Several business groups hope so. They filed a federal lawsuit Monday that contends a rule issued by the NLRB in December is unconstitutional because it wouldn’t give employers enough time to make their case to employees about why they shouldn’t vote for union representation. Plus, the lawsuit contends the NLRB’s changes to union elections violate the National Labor Relations Act.
The NLRB contends it’s merely simplifying and streamlining the union election process, and that will be good for employers as well as employees.
But business groups said the rule could lead to union elections in as little as 14 days after an employer is notified that an organizing petition has been filed. This would give employers little time to mount an anti-union campaign.
“The changes unfairly hinder the ability of employees to make an informed choice about whether or not to join a union,” said Hank Jackson, president and CEO of the Society for Human Resources Management. “This rule is the latest and most sweeping action by the NLRB to tilt the process toward unionization and prevent employers from effectively communicating with employees, and it should be thrown out.”
The rule also requires employers to give unions the personal telephone numbers and email addresses of their employees. That raises concerns about privacy and identity theft, business groups contend.