Monday, May 14, 2012

Federal Judge Strikes Down NLRB’s Rule Approving Ambush Union Elections

"Big win, but it’ll probably take electing President Romney to make sure they don’t make it stick on the second try.

“According to Woody Allen, eighty percent of life is just showing up,” Boasberg wrote in an opinion issued today. “When it comes to satisfying a quorum requirement, though, showing up is even more important than that.”

The rule change, challenged in court by the U.S. Chamber of Commerce, simplified and shortened balloting at a time when the unionized share of the workforce is falling, according to labor relations consultant Phillip Wilson. The compressed schedule could have cut the time permitted for voting in half to as few as 15 days, Wilson said.

Unions win 87 percent of elections held 15 days or less after a request, a rate that falls to 58 percent when the vote takes place after 36 to 40 days, according to a February report by Bloomberg Government.

O’s two Democratic appointees wanted to give unions a shot at quietly gathering the necessary signatures for an election and then dumping the petition on management before the company had a chance to make its case to the employees against unionization. The third member of the NLRB, Republican Brian Hayes, opposed the plan. No problem, though — Dems win 2-1, right? Nope. Not if Hayes doesn’t vote:

Head to the source for the rest of the story.

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