Modular Building Institute

Discussion Forum

Court Strikes Down National Labor Relations Board ‘Ambush Rule’

Original Comment:
The US District Court for the District of Columbia has struck down the National Labor Relations Board's new rules dictating how union organizing elections are conducted, ruling that the Board did not have a quorum necessary to enact the new rules.

Several groups, including the National Right to Work and the Coalition for Democratic Workplace filed comments opposing the Board's proposed new guidelines, which would help give union organizers the upper hand over independent-minded employees.

The new rules dramatically shortened the time frame individual workers have to share truthful information with their coworkers about the adverse effects of unionization and to hear their employer's views on the subject. In other words, the new rules were one-sided.

Mark Mix, President of National Right to Work, issued the following statement regarding the ruling, "The NLRB is determined to make union organizing campaigns as one-sided as possible and to stifle the rights of employees who may oppose bringing a union into their workplace. Today, the court's ruling demonstrates once again the biased way that the Labor Board has operated – a two member majority ramming through the final pro-union boss rule change with even asking the one minority member to vote.

"Today's decision prevents implementation of a rule that deprives employees of hearing both sides of the story about unionization and is a victory for workers. However, despite this decision, a secret ballot election can't prevent the fundamental violation of individual rights that occurs under union boss monopoly bargaining."

MBI has been following this issue closely as it has the potential to significantly impact our manufacturing base. The NRLB's procedures will be one of the topics addressed at MBI's upcoming Government Affairs Conference:
Started on May 16, 2012 by Tom Hardiman
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