NRCA releases statement about the House's approval of Senate Joint Resolution 8
NRCA applauds the approval by the House of Representatives March 19 of Senate Joint Resolution 8, a Resolution of
Disapproval of a regulation issued by the National Labor Relations Board (NLRB) that greatly will accelerate the time
frame for union-organizing elections. The House approved the resolution, which NRCA supports, on a vote of 232-186. The
resolution previously was approved by the Senate in early March under the seldom-used Congressional Review Act (CRA)
process; under the CRA, passage of a Resolution of Disapproval of any major regulation issued by a federal agency by
both chambers of Congress invalidates the regulation.
NRCA has long opposed the NLRB regulation, which first first issued in 2011, because of concerns it will result in
expedited union-organizing elections in as few as 14 to 21 days, as well as other concerns. Such a short time frame for
an election would preclude the opportunity for informed dialogue between employers and employees regarding collectively
bargained issues. NRCA represents union and open-shop contractors and supports policies that maintain an equitable
balance in labor-management relations but believes this is not a balanced proposal. NRCA's comments to the NLRB
regarding this regulation can be viewed by clicking here.
The resolution now will go to President Obama to be signed into law, and if signed, it would invalidate the NRLB
regulation. However, President Obama is expected to veto the resolution, allowing the regulation to take effect April
14 as currently scheduled.
NRCA also is supporting litigation that recently was filed by the Coalition for a Democratic Workplace challenging the
NLRB regulation. The lawsuit alleges the regulation violates the National Labor Relations Act by curtailing an
employer's right to communicate with employees. It is unclear at this time when the court may rule on this lawsuit.