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Part 1: Despite False Rhetoric, H.R. 3094 is Commonsense Legislation that Protects Workers and Employers
Preserving a Fair Union Election Process

In recent months, the National Labor Relations Board (NLRB) has been working to implement sweeping changes to federal labor policies that undermine the rights of employers and employees. In an effort to roll back the NLRB’s activist agenda, Republicans are advancing the Workforce Democracy and Fairness Act (H.R. 3094) to restore key protections workers and employers have enjoyed for decades. Unfortunately, the board’s allies are turning to fear and misinformation in an effort to discredit this sensible response to the board’s radical actions. The House Education and the Workforce Committee is determined to separate the myths from the facts.

Myth: The Workforce Democracy and Fairness Act mandates frivolous delays in a union election.

Fact: The Obama National Labor Relations Board is advancing a radical ambush election scheme that will deny employers and unions an opportunity to participate in a fair election process.

Fact: Today, employers have a reasonable opportunity to find legal counsel and prepare for a pre-election hearing convened by an NLRB official. Additionally, employers and union leaders are able to raise relevant and material concerns throughout the pre-election hearing process.

Fact: Current policies help ensure everyone can participate in a fair election process and have their relevant concerns addressed in a timely manner. As a result, elections are held in an average of 31 days and unions win nearly 70 percent of the time.

Fact: The NLRB’s ambush election scheme largely prohibits this important opportunity and provides employers just seven days to find legal representation and prepare their case – essentially dismantling the current union election process.

Fact: The Obama board’s ambush election scheme represents a radical shift from labor policies that have been in place for decades. Congress must take action to rein in the NLRB and preserve an election process that has served employers, workers, and unions well for decades.

Fact: H.R. 3094 provides employers at least 14 days to prepare their case. H.R. 3094 also protects the ability for employers and unions to raise relevant and material concerns throughout the pre-election process. The Workforce Democracy and Fairness Act reaffirms union election policies that have been around for decades.

Unfortunately, this is not the only myth propagated by those who support the NLRB’s effort to undermine employers’ free speech and workers’ free choice. Stay tuned for more releases that help set the record straight.

To learn more about the Workforce Democracy and Fairness Act, click here.

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