US Senate Committee on Health, Education, Labor, & Pensions

Senators Will Debate NLRB’s Ambush Elections Rule Next Week

Friday, April 20, 2012Joe Brenckle 202-224-2465

WASHINGTON, D.C. – The United States Senate will debate the legislative challenge to the National Labor Relations Board’s (NLRB) “ambush elections” rule early next week. The resolution of disapproval sponsored by Senator Mike Enzi (R-Wyo.), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, and forty-four of his Senate colleagues was placed on the Senate legislative calendar and debate on the resolution is expected on Monday and Tuesday of next week.

“This rule was rushed into place by an agency that is bound and determined to stack the odds against American employers,” said Senator Enzi.  “Despite the fact that unemployment has remained above 8 percent for the past three years, and with small business growth being the most important factor in reversing the lackluster economy, the NLRB has chosen to impose new rules to aid big labor at the expense of employees, small business employers and the jobs they would create.”

The measure, S.J. Res 36, was introduced by Senator Enzi and his colleagues under the Congressional Review Act (CRA), which allows either the Senate or the House to introduce a joint resolution of disapproval with the full force of law to stop a federal agency from implementing a recent rule or regulation.  A resolution of disapproval introduced under the CRA cannot be filibustered and needs only a simple majority in the Senate to pass if acted upon during a 60-day window.

“If Congress does not pass this resolution, the NLRB’s rule will go into effect Monday April 30, which means it was rushed into place mere months after it was first proposed,” Senator Enzi said.  “The changes that are being made will hurt the employers and employees who get caught up in big labor’s net. This vote will be an opportunity to stand up for America’s small businesses and stop this blatant effort by a reckless federal agency trying to boost big labor.”

Congress is not the only branch of government pushing back on the NLRB’s onerous new regulations.  Over the past two months, federal courts have issued decisions against the NLRB’s notice posting rule, including a federal court in South Carolina striking down the rule in its entirety, and a federal judge in D.C., appointed by President Obama, ruling that significant parts of the rule were unenforceable.  Following up on those two rulings, the D.C. Court of Appeals blocked the entire rule until appeals are completed.  

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Additional resources:

Enzi Washington Times Op-Ed – Halting Union Attack on Employee Privacy

Senators challenge NLRB’s Ambush Election Rules

VIDEO: Enzi Pushes Congress to Stop NLRB’s Ambush Election Rules

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