By Richard H. Wessels, Esq.
Business groups appear to be all in to stall the NLRB’s
ambush election rules. The quickie election procedures set to go into effect on
April 14, 2015 will make it far easier for labor unions to organize. Employers
will be given ridiculously short timeframes in which to react, and employees
will hear only a one-sided message. In other words, the union gets their case
across, but the employer doesn’t. But, strong business attacks are underway and
the likelihood is that the April 14 date will come and go (with no change in the
procedures). Here is the status as of today:
Legal
Challenges – Lawsuits arguing that the rule violates constitutional
principals and exceeds the NLRB’s statutory authority have been filed in US
District Courts in Texas and in Washington DC. Plaintiffs are a number of
high-powered business groups – US Chamber, the National Association of
Manufacturers, the National Retail Federation and SHRM among others.
Legislative
Challenges – Efforts are underway in Congress to block the rules. The
Senate has agreed to a joint resolution with the House which would require
congressional approval of such an extreme procedural change. Naturally,
congressional action here would likely force a presidential veto. But, the
political waters are churning, and anything can happen.
Hopefully one of these challenges will at least put these
rules on hold. Even if the quickie election rules do go into effect,
sophisticated employers will still be ok. They will have a relationship with a
skilled labor lawyer who can react immediately and effectively and these
companies will prevail, even on a tilted playing field. Unsophisticated
employers will be blindsided and stand little chance of keeping a union out.
The next month is going to be interesting to say the least.
Stay tuned.
Questions? Call Attorney Dick Wessels of Wessels Sherman's St.
Charles, Illinois office: 630-377-1554 or email him at riwessels@wesselssherman.com.
