This is for all the naysayers who have not heeded the warning that the NLRB’s Ambush Elections are real. For the companies that have not evaluated their workforce, their job description, or their emergency response plan for when they receive a petition for a union election, the likelihood of the election occurring in less than two weeks took a major step to permanency on Monday, June 1, 2015.
The U.S. District Court for the Western District of Texas tossed out a lawsuit from business groups challenging the legitimacy of the new election rule. One other lawsuit remains pending in the D.C. District Court, but hopes of that court rejecting the law that has withstood both Congressional and legal attempts at overthrowing it are dwindling.
As a brief reminder, changes to union election laws that went into effect in mid-April made it much easier for unions to organize employees by drastically decreasing the amount of time between the filing of a petition for a union election and when the election is held. Statistically, the less time a company has to campaign in favor or remaining union-free, the higher the likelihood the employees will elect union representation.
Please click here for a thorough review of the changes previously prepared by Roetzel’s Labor Relations attorneys. This document helps guide companies through the complex changes in union election law as well as identifies proactive steps companies must take to remain union-free.