NRCA Action Alert: Oppose New "Card Check" Regulations
The National Labor Relations Board (NLRB) and U.S. Department of Labor (DOL) recently
issued two proposed regulations that threaten to impose card check-style changes
in union election rules. If implemented, these regulations will severely restrict
the rights of employers in the collective-bargaining process. NRCA strongly opposes
these radical regulations and urges members to voice their concerns directly to
NLRB and DOL.
NRCA represents union and open-shop contractors and supports policies that maintain
an equitable balance in labor-management relations. Unfortunately, there is nothing
balanced about the NLRB and DOL proposals.
The NLRB regulation would dramatically reduce time frames for union elections and,
as a result, erode the due process rights of employers and make it difficult for
employees to become fully informed of important issues before a union election.
Currently, the median time for an election from the time a petition is filed is
38 days; the NLRB proposal would result in expedited elections of only 10 to 21 days.
In a dissent to the proposal, NLRB member Brian Hayes said: "The principle purpose
of this radical manipulation of our election process is to minimize, or rather,
to effectively eviscerate an employer's legitimate opportunity to express its views
about collective bargaining."
The DOL proposal also is problematic. It would dramatically curtail the ability of
employers to communicate with employees during a union election by expanding
employer disclosure requirements under federal law. The regulation virtually eliminates
the decades-old "advice exemption" that allows most communications between employers
and their attorneys or other consultants to be kept confidential. NRCA is concerned
this regulation would severely limit the ability of employers, especially small
businesses, to use the advice of qualified professionals to help them navigate and
comply with complex labor laws during union organizing campaigns.
Together, these proposals deliver a one-two punch to the right of employers to effectively
communicate with their employees in accordance with the National Labor Relations
Take Action Now!
Public comments will be accepted on these proposals by NLRB through Aug. 22 and
DOL through Sept. 21. NRCA has filed comments urging the agencies to withdraw the
proposed regulations. NRCA also urges members to make their voice heard directly
with the agencies.
How to File Comments with NLRB and DOL
You can easily and quickly file brief comments noting your opposition to
the NLRB and DOL proposed regulations by clicking on the link below and sending
an e-mail to the agencies. It only takes a few minutes! Sample text is provided,
or you can edit and add comments of your own in the e-mail.
Just click here and follow the instructions.
You also may use this website to e-mail your representatives in Congress and ask
them to take action to block the NLRB and DOL proposals through legislative action,
and NRCA recommends that you do so.
The website that facilitates the filing of comments with NLRB and DOL is operated
by the Coalition for a Democratic Workplace (CDW), which consists of hundreds of
business organizations working together to oppose card check and other unbalanced
proposals regarding union representation. NRCA serves on the CDW Steering Committee
and is actively working to protect the rights of employers from these radical proposals.
Again, please file your comments with NLRB and DOL so your voice is heard.
If you have questions, comments and/or wish to inform NRCA that you have contacted
NLRB and DOL as requested (which is encouraged), please contact Duane Musser, NRCA's
vice president of government relations, at (800) 338-5765 or