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Letter to the Senate on new National Labor Relations Board (NLRB) election rules

March 03, 2015

Dear Senator:  

On behalf of the three million members of the National Education Association and the students they serve, we urge you to VOTE NO on the resolution of disapproval of the National Labor Relations Board’s new election rules (S.J. Res. 8) when it comes to the floor for a vote today. Votes on this issue may be included in the NEA Legislative Report Card for the 114th Congress. 

The NLRB’s new, common-sense rules were issued on December 12, 2014, and go into effect on April 14, 2015. Designed to modernize procedures and reduce unnecessary litigation, they would make the election process run more smoothly and predictably—to the benefit of employers, workers, and unions.  

S.J. Res. 8 would wipe out the new rules as well as prohibit the NLRB from adopting another rule in “substantially the same form” unless specifically authorized by Congress. Absent a new law authorizing a new rule, NLRB election procedures would be frozen in time—for example, the Board could not issue rules requiring electronic filing of election petitions, consistent with practices in all federal courts. 

Opponents of the NLRB’s new election rules contend that they are designed to rush union elections and deprive employers of the ability to communicate their views about unionization to employees. These contentions are baseless. Nothing in the rules establishes a set time period for elections or deprives employers of their ability to talk to employees about unionization.  

Disapproval of the NLRB’s new election rules would, however, undermine the rights of workers to a fair and timely election to decide whether they want to form a union and bargain collectively. We urge you to VOTE NO on S. J. Res. 8.  

Sincerely, 

Mary Kusler 
Director of Government Relations