The Senate failed to pass a resolution of disapproval of the National Labor Relations Board (NLRB) rule on representation-case procedures. The vote failed 45-54, mostly along party lines with Republicans supporting and Democrats opposing. Sen. Murkowski (R-AK) was the only Republican who voted no.
The NLRB rule, known as the “quickie election” or “ambush election” rule, would expedite the union representation election cycle to as little as 14 days. It is bad for both employers and employees.
The effective date of the rule remains April 30, 2012.
The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace, both of which AGC is a member, have jointly filed a lawsuit asking the U.S. District Court for the District of Columbia to enjoin enforcement of the rule and seeking a declaratory judgment that the rule violates the National Labor Relations Act, the Administrative Procedure Act, the Regulatory Flexibility Act, and the U.S. Constitution. A ruling is expected prior to April 30, 2012.