Washingtong DC

Contested NLRB proposals could be overturned

The House Committee on Education and the Workforce has approved a bill that would overturn several National Labor Relations Board proposals opposed by the foodservice community and industry groups such as the National Restaurant Association and the National Retail Federation.

The Workforce Democracy and Fairness Act, or H.R. 3094, would block the NLRB’s plan to shorten the time frame allowed for union elections from the current average of 35 days after a petition has filed to as few as 10 days.

The measure, sponsored by Rep. John Kline, R-Minn., also would reverse an NLRB decision enabling workers with a common job description to vote to unionize without the participation of the business’ other employees.

The NRA said the measure “would also stop the NLRB’s attempt to promulgate its ambush election regulations that would, in practice, deny employees proper access to information on unions, while restricting employers rights of free speech and due process.”

“NLRB’s action over the past year subvert over 50 years of established case law,” said David French, senior vice president of the NRF, the parent company of the National Council of Chain Restaurants. “By countering the NLRB, Congress is standing up for employees and employers and helping to reinstate settle union organizing practices.”

The NRA also stated in a letter to committee members that it would like to see the measure expanded before it comes to a full vote to include a provision blocking a NLRB rule requiring private sector employers to post a “union-biased workplace notice.”

The NRA maintains the poster would create a source of litigation for trial lawyers and serve as an encouragement for union organizing.

The House committee passed the bill by a vote of 23 to 16 along party lines. The full House is expected to take up the issue this winter.

Contact Paul Frumkin at [email protected] [3].