Two AGC-supported employer groups and other interested parties have jointly filed a lawsuit challenging the National Labor Relations Board’s new representation-case procedures rule. The rule – often called the “quickie election” or “ambush election” rule – expedites the process in cases where a union files a petition for an election to become the exclusive collective bargaining representative of a unit of workers.
The lawsuit was brought in the U.S. District Court for the District of Columbia by the Coalition for a Democratic Workplace and the U.S. Chamber of Commerce, both of which AGC is an active member, along with the National Association of Manufacturers, the National Retail Federation and the Society for Human Resource Management. The complaint asserts that the rule violates the National Labor Relations Act, the Administrative Procedure Act, and employers’ constitutional rights to free speech and due process. Among other claims, the complaint challenges the rule as impermissibly limiting employers’ rights to communicate with employees about unionization by dramatically shortening the period between the filing of a union election petition and the holding of the election.
AGC will hold a session about the rule during its 96th Annual Convention in San Juan, PR, on March 18 at 2:30 p.m. Attorney Rick Samson of Ogletree Deakins will explain what the rule does, how it affects both open-shop and union construction contractors, and how contractors can minimize associated risks. To register for the convention or get more information, go to http://meetings.agc.org/convention.
For more background on the rule and AGC’s comments opposing the rule, click here and here.