44 Senators Challenge NLRB’s Ambush Election Rules

WASHINGTON, D.C. –  Forty-four senators today, led by Senator Mike Enzi (R-Wyo.), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, filed a formal challenge to the National Labor Relations Board’s (NLRB) recent rule on ambush union elections.  The senators introduced a Resolution of Disapproval (S.J. Res 36) under the Congressional Review Act (CRA), which if passed allows Congress to stop a federal agency from implementing a recent rule or regulation.  The House is also scheduled to introduce a Resolution of Disapproval.

“This rule will make a fair system less fair for one side, and is being rushed into effect over tremendous objections,” said Senator Enzi.  “This is why I am joining with my fellow senators to stop this rule from going into effect and ambushing the small business job creators we need for our economic recovery.”

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.

“It is important to note that the current system is not broken. Unions already win more than 70 percent of secret ballot elections, and the median time period from petition-filing to election is just 38 days,” Senator Enzi said.  “There is no justification for ambushing employers with elections in as few as 10 days and limiting their ability to exercise free speech and other legal rights. Rather than responding to a serious problem, this new rule is a transparent attempt to increase the number of unionized workplaces in America by limiting the information employees receive before they vote.”

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