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Sixty-Five Representatives File Challenge to NLRB's Ambush Election Rule

Today, House Education and the Workforce Chairman John Kline (R-MN) joined Rep. Phil Gingrey (R-GA) and Rep. Phil Roe (R-TN) to introduce a resolution (H.J. Res. 103) under the Congressional Review Act that will block the National Labor Relations Board's (NLRB) December ambush election rule. Sixty-five representatives supported the resolution upon introduction.

A companion resolution (S. J. Res. 63) was introduced in the United States Senate, under the leadership of Senator Mike Enzi (R-WY) and Senator Johnny Isakson (R-GA). S. J. Res. 63 has received support from 44 senators, including Senators Enzi and Isakson.

In June, the NLRB introduced sweeping changes to the rules governing union elections that would have allowed elections to take place in as little as 10 days, stifling employer free speech and worker free choice. On December 21, the board finalized a number of these provisions, and the chairman of the board has expressed his desire to move forward with finalizing the rest of the initial proposal.  

At a press conference held earlier today, Chairman Kline discussed the importance of the resolution. "With the addition of these three non-recess 'recess' appointees, it’s very clear to us that Chairman Pearce from the NLRB intends to go back and pick up some of those provisions that were left out from the rule passed last year," said Chairman Kline. "We are very concerned about this board and its agenda. We’re pleased the Senate is going forward with this resolution of disapproval and we look forward to being right there with them."

Rep. Phil Roe, chairman of the House Subcommittee on Health, Employment, Labor, and Pensions, said of the board's ambush election proposal, "This is a solution looking for a problem. Right now, most of the elections, a majority of them, are won by the union and labor. The NLRB should be a fair arbiter and this legislation right here will give us an opportunity to have a chance to bring it back to the people who decide - that’s the legislators in the Senate and the House. "

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