The Labor & Employment Blog is a forum for practitioners and Bloomberg BNA editors to share ideas, raise issues, and network with colleagues.
Friday, April 27, 2012
by Michael Rose
Congressional wrangling over the National Labor Relations Board was back in the news this week, as the Senate voted not to advance debate on a resolution disapproving of the agency's proposed rule that would make changes to the union representation election process.
S.J. Res. 36, a resolution put forward by Sen. Mike Enzi (R-Wyo.) in February, was a strongly worded statement against what he termed the NLRB'S "ambush election" rule. The rule is scheduled to take effect on Monday, April 30.
Invoking the Congressional Review Act, Enzi in February introduced the one-sentence resolution, stating that "Congress disapproves" of the NLRB regulatory action and that "such rule shall have no force or effect."
Among other things, the rule would change NLRB procedure by no longer recommending that NLRB regional directors schedule representation elections no sooner than 25 days after a petition for an election is filed. Supporters say the measure would speed up the representation election process, which under current procedures can take months.
A federal court currently is considering a challenge to the regulation, but has not indicated when it might rule on the matter. The agency, meanwhile, is preparing to apply the rule, with NLRB Acting General Counsel Lafe Solomon issuing a guidance memorandum which said the changes "will enhance our efficiency and provide more field-wide uniformity and predictability in the processing of representation cases."
Many Democrats, including Sen. Tom Harkin (D-Iowa), the chairman of the Senate Health, Education, Labor, and Pensions Committee, have said they support the changes. Harkin said during debate on the resolution that the board did no more than make modest changes in its procedures to avoid unreasonable delays.
Much of the debate took place solely between Enzi and Harkin in an empty Senate chamber. Eventually, 45 senators voted to proceed on the resolution, while 54 voted against advancing it.
In other labor news this week:
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