S.J.Res. 8, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures

S.J.Res. 8

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures

Sponsor
Sen. Lamar Alexander

Committee
Health, Education, Labor, and Pensions

Date
March 19, 2015 (114th Congress, 1st Session)

Staff Contact
David Smentek

Floor Situation

On Thursday, March 18, 2015, the House will consider S.J.Res. 8, a resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures, under a rule.  S.J.Res 8 was introduced on February 9, 2015 by Sen. Lamar Alexander (R-TN).  The resolution passed in the Senate on March 4, 2015 by a vote of 53-46.  (See Record Vote Number 67)

Bill Summary

S.J.Res. 8 disapproves and nullifies the rule submitted by the National Labor Relations Board (NLRB) published on December 15, 2014 related to representation case procedures.

Background

In December, 2014 the National Labor Relations Board (NLRB) finalized a rule that dramatically altered long-standing policies governing union elections.[1]  The rule (known as the “ambush elections rule”) drastically cuts the time between the filing of a certification petition and the conduct of an NLRB secret ballot election.[2]  Under the rule, workers could have as little as 11 days to consider all of the facts about joining a union before casting ballots, and restricts the rights of employers and employees to communicate during a union organizing campaign by eliminating pre-election evidentiary hearings and requests for review.[3]  The rule delays decisions on important questions related to voter eligibility, and requires employers to provide their employees’ personal information to union leaders conducting an organizing campaign.[4]

The rule is set to become effective on April 14, 2015.  The Chamber of Commerce and other organizations have filed a lawsuit in federal court asking the court to vacate the rule.[5]  The NLRB’s “ambush elections” rule limits the ability for businesses to prepare for union elections, denies workers the ability to make informed decisions about whether to join a union, and jeopardizes the privacy and safety of workers and families.[6]

S.J.Res. 8 prevents the NLRB from rewriting union election policies that have been in effect for decades, and ensure employers can continue to communicate with their employees prior to them casting ballots.  Finally, the bill safeguards workers’ privacy rights, while preserving their ability to make informed decisions about whether to join a union.

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[1] Education and Workforce Committee, Stopping the National Labor Relations Board’s Ambush Election Rule.
[2] http://www.natlawreview.com/article/final-nlrb-ambush-election-rule-will-boost-union-organizing
[3] See Id.
[4] Education and Workforce Committee, Stopping the National Labor Relations Board’s Ambush Election Rule.
[5] See Id.
[6] See Id.

Cost

A CBO cost estimate is currently unavailable, but no cost is expected.

Additional Information

For questions or further information contact the GOP Conference at 5-5107.