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NRCA expresses disappointment regarding President Obama's veto of Senate Joint Resolution 8

NRCA expressed strong disappointment with President Obama's veto of Senate Joint Resolution 8 (S.J. Res. 8), a Resolution of Disapproval passed by Congress that would nullify a regulation issued by the National Labor Relations Board (NLRB); the NLRB regulation will greatly accelerate the time frame for union-organizing elections. S.J. Res. 8 was approved by the House and the Senate in March. On March 31, President Obama issued a "Memorandum of Disapproval" of S.J. Res. 8, effectively a pocket veto of the resolution given that Congress is not in session this week.

NRCA has long opposed the NLRB regulation, which was first issued in 2011, because of concerns it will result in expedited union-organizing elections in as few as 14 to 21 days.

Such a short time frame for an election would preclude the opportunity for informed dialogue between employers and employees regarding collectively bargained issues. NRCA also is concerned the regulation will force employers to turn over confidential information about employees to union representatives. NRCA represents union and open-shop contractors and supports policies that maintain an equitable balance in labor-management relations but believes this regulation does not take a balanced approach to updating union election procedures. NRCA's comments to the NLRB regarding this regulation can be viewed by clicking here.

S.J. Res. 8 was approved by Congress under the seldom-used Congressional Review Act. If this Resolution of Disapproval had been signed by the president, it would have nullified the NLRB regulation, preventing it from being implemented. President Obama's veto of the resolution paves the way for the regulation to take effect April 14 despite majority opposition in Congress, unless the courts intervene.

NRCA is supporting litigation that was filed in January 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. Court action regarding the lawsuit is expected in the near future, but it is unclear whether any action will take place before the April 14 effective date.

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