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

Quickie “Union Election Ambush” Rule by NLRB to be Challenged

Wednesday, December 21, 2011Joe Brenckle 202-224-2465

WASHINGTON, D.C. – Senator Mike Enzi (R-Wyo.), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, said today he would use the Congressional Review Act (CRA) to challenge the National Labor Relations Board’s (NLRB) recent rush decision to issue “ambush election” rules that make it more difficult for small businesses to respond to union election campaigns.  The NLRB rushed the comment period on the proposed regulation in order to implement it before the end of the year, which limited public participation in the rulemaking process.

“This gift to union bosses is nothing more than a lump of coal for America’s job creators,” said Senator Enzi.  “The rule issued today by the NLRB will allow union bosses to ambush employers with union elections before employers have a fair chance to learn their rights and explain their views to employees, as required by law.  I plan to lead the fight against this onerous rule by introducing a resolution of disapproval under the Congressional Review Act.  It is disappointing that union advocates believe their best chance to succeed, when it comes to union elections, is to ensure that only one side of the story is able to get out.  Instead of using backdoor political maneuvers to boost anemic union memberships and smother our nation’s struggling economy, this Administration should help America regain its strong financial footing.”

The CRA 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.

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