On Friday, a federal district court in South Carolina struck down the National Labor Relations Board (NLRB) rule that would require employers to post notices explaining workers’ rights to unionize. In response to a challenge by the U.S. Chamber of Commerce, the court held that the NLRB does not have the authority to require employers to post the notice. (South Carolina court decision available here) Further, the U.S. District Court of Appeals for D.C. granted a blocking injunction that delayed the rule from going into effect on April 30th. (D.C. Circuit order available here).
Both rulings represent a great win for industry and active members of the Coalition for a Democratic Workforce (CDW). ARA, as part of 600 organizations that make up the CDW, has been united in its opposition to NLRB efforts; however, it’s not over as the NLRB may appeal these court rulings. ARA, as part of the CDW, previously opposed the “Employee Free Choice Act” proposed by Congress which would allow unions to opt for recognition through a card check system instead of the secret ballot currently required under the National Labor Relations Act. Having failed to achieve their goals through legislation, they coordinated NLRB and the Department of Labor (DOL) in what appears to be an all-out attack on job-creators and employees in an effort to enact EFCA through administrative rulings and regulations.
The above “ambush” election rule is nothing more than the Board’s attempt to placate organized labor by effectively denying employees’ access to critical information about unions. The rule poses a threat to both employees and employers.
Call to Action: Contact Your Senator
In the meantime, we expect the Senate will vote in the next two weeks on the S. J. Res 36, the Congressional Review Act Resolution of Disapproval on the NLRB's Ambush Election rule. Recently the CDW sent a letter to the Senate asking them to disapproval on the NLRB's Ambush Election rule. A copy of the letter is available here.
Senators have the power to act but they must stand up and vote for SJ Res 36! Please contact your Senator now and urge them to support SJ Res 36 for jobs and workers. If left unchecked, the actions of the NLRB will have adverse ramifications for millions of employers including ARA members. Click here for the grassroots letter via the CDW portal.
Reminder: ARA Launches Invite to OSHA/DOL Workforce Workign Group
These types of issues and others are examples of why it is critical for ARA members to be engaged and active in policy decisions that will impact their businesses. Thus, we invite you to join the newly launched OSHA/DOL Workforce working group. This group would help ARA members address workforce issues at their facilities. Topics include, but are not limited to: OSHA violations, NLRB, OSHA safety programs, E-Verify, immigration, child labor, government litigation reform, agriculture guest worker program(s), healthcare and employment discrimination issues.
If interested, please send a quick email at Michael@aradc.org or sign up a member of your company.