04/10/2014

National Labor Relations Board's New Ambush Rule

Many of you will remember Jade West, senior vice president of government relations at the National Association of Wholesaler-Distributors, who spoke to FPDA Members in San Diego. West shares the latest on the National Labor Relations Board's new Ambush Rule with FPDA members:

As you all may remember, in 2011 the National Labor Relations Board proposed a new rule to change the way union certification campaigns and elections are conducted. The rule, which businesses called the “Ambush Rule," would have shortened the length of time between a successful union organizing campaign and the subsequent certification election, and severely limited the rights of employers in those certification proceedings. The Ambush Rule was successfully challenged in court by business groups, including the Coalition for a Democratic Workplace (CDW), which NAW helps manage.

The NLRB originally appealed the court decision striking down the rule, but last December, the new and properly-confirmed Board asked the court to dismiss the Board’s appeal, and therefore the court decision was allowed to stand.

Unfortunately, as we anticipated, the withdrawal of the Board’s appeal was a short-lived victory for us and in February, the Board issued a new Ambush Notice of Proposed Rulemaking (NPRM). The new rule is very similar to the rule originally promulgated in 2011.

NAW has filed comments opposing the new Ambush Rule, and also joined in comments filed by CDW. This rule may well again end up in court, and we will of course keep you apprised of developments as they occur.

If you want to read more about the specifics of the Ambush proposal, CDW has prepared a report.

To read NAW’s comments to the NLRB, click here.

To read CDW’s comments to the NLRB, click here.