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NLRB Regulation Changes How Union Organizing Elections are Conducted

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    U.S. Chamber of Commerce’s Mike Eastman on how the new NLRB regulations on union elections impact employers.

  • Duration 5:17
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What is the ambush election controversy at the National Labor Relations Board about.

This is a regulation that the National Labor Relations Board recently.

Finalized that.

Changes virtually every aspect of how union organizing elections is conducted.

And these are highly technical -- rules.

But the bottom line is we think it will take the average time for election from about 3839 days where it's been for decades.

Down to about half of that 181920 days what's wrong -- that.

But the big issue there is employers need enough time to communicate their.

Point of view their free speech.

To their employees we don't think 1819 days is enough we're comfortable with a 383940.

Days.

But cutting it in half.

Effectively.

Destroys free speech right of employers and it also significantly -- their due process rights.

So you believe that the -- Ford is trying to.

Jam.

Union elections down.

Employers -- is that basically.

Right and they're doing it through this rapid.

Forced timetable it's going to be very difficult for employers to respond.

In that time period not to mention employees in you know the union round it's going to be more difficult for them -- organized in only two or three weeks.

Well as you know that the unions.

Feel.

You're overstating the case and that and that in effect this -- These delays are unnecessary.

-- the letter from the AF LC reading legislative alert.

That the current process just draws out.

Distrust the process out that in fact that can be -- and should be quicker.

Right there are a very small minority of elections that take way too long in this no denying that.

A responsible way to approach this rule making would have been to look at those small minority of cases figure out what the problem is an address that problem.

Not change the entire system for the vast majority of cases that -- working quickly and efficiently.

So you know trying to stop workers.

And then their right to organize -- they want to hear your issues just with the process.

The issue here is a fair process exactly it should be a process by which each side can communicate their views.

He's site can be heard in the employee can decide in private yes -- -- Now the senate is scheduled today to take up a resolution.

That would.

Forced the NLRB.

Take.

Eliminate -- this decision it would it would work with.

-- report right effectively invalidate in the validation that the legal term yes so the senate resolution will be brought -- today likely to be voted on tomorrow.

If it passes it would then go to the house and and then to the president.

And it sends an important message to the -- -- that they've gone too far.

That they needed to pull back a little and re examine this trend that -- on this is not the only controversial actions taken by this labor board.

There's many many others and that really need.

To stop and take a look.

Where the prospects of the senate approving this -- it costs us 44.

Republican.

Sponsors but that's not 51 you need 51 votes to get this through right -- majority to get this through which is.

He's here hurdle then the -- need to overcome a filibuster this is only a simple majority.

I think it will be a difficult vote.

But we we have a chance and I think it's it's a good chance and work in an -- So.

Where could you get the other votes if you have all 47 Republicans are there are some.

Moderate Democrats that -- that you think might be.

Might join the Republicans on this and get -- to 51 -- we're certainly hopeful that they will.

You know there's there's a number of senators are more moderate more thoughtful about some of these issues.

And we think there's a good chance that that several of them jointly with the Republicans -- vote for this common sense resolution.

There's a version of this resolution house.

What's happening over there there is the Senate's going first on this particular matter should pass the senate that night I don't think house passage would be in question.

I think -- would policy -- quickly.

But even if the senate -- -- house approves it.

As the senate as his and is the president who think -- going to sign something like this.

Well would be an interest in question -- president has tried to distance himself from the National Labor Relations Board.

Referring to it as an independent agency that he doesn't have control of this would put the matter squarely before.

In an election year when current when he is counting.

The unions to help -- and his reelection campaign so what's the likelihood.

But the president actually it's it's.

Well certainly I'd -- I would not bet the farm on it but.

-- look this is an important issue and ratcheting up to that level would certainly send the signal.

That that this is an important issue that perhaps -- the administration should think twice about.