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Witnesses Support Congressional Effort to Block NLRB’s Ambush Election Rule

“Ill-advised” rule “tramples on employees’ rights”

The Subcommittee on Health, Employment, Labor, and Pensions held a legislative hearing today to examine H.J. Res 29, a measure to block the National Labor Relations Board’s (NLRB) unprecedented re-write of union election procedures. In December 2014, the NLRB finalized its ambush election rule, which significantly shortens the timeframe of union elections, obstructs workers’ right to a fair election debate, and violates employees’ privacy by granting union organizers greater access to their personal information. The House is expected to advance the resolution in the coming weeks.

During the hearing, members and witnesses discussed the urgent need for Congress to overturn a rule that will have devastating consequences for workers and their families.

“[The ambush election rule] severely cripples the right of each worker to make an informed decision,” said Rep. Bradley Byrne (R-AL). “Deciding whether or not to join a union is a deeply personal choice. The outcome of that choice will affect workers’ wages, benefits, and other employment concerns for years. Workers deserve an opportunity to get the facts and discuss these matters with friends, family members, coworkers, and yes, employers too. Under this administration, the National Labor Relations Board is determined to deny workers this fundamental right.”

Labor attorney and former NLRB staff member, Arnold Perl, echoed these concerns: “[Workers’] rights have been abandoned by the new rule. As a result of quickie elections, employees may not be able to hear all the facts they need to know about risks of unionization. To the detriment of employees, the new rule imposes built-in obstacles which prevent or impede reasoned and informed choices by employees.”

Perl also outlined how the board’s regulatory scheme “tramples on employees’ rights of privacy," noting, "employers are required to turn over employees’ personal email addresses, cell phone numbers, shift hours and locations, and job classifications, even if the employee says he or she does not want to be contacted.”

“The ambush election rules mandate a serious invasion of employees’ privacy,” testified Glenn Taubman with the National Right to Work Legal Foundation. “Once employees’ information is handed over, unions can spread this personal information to union officers, organizers, supporters inside the shop and out, and to the entire internet, if they choose. The board places no real restrictions or safeguards on how unions use of disseminate this sensitive personal information.”

The board’s ambush election rule is further proof it has abandoned any effort to serve as a fair and impartial referee of the law. Speaking on behalf of the Retail Industry Leaders Association, Roger King described the rules as “an unprecedented partisan policy initiative favoring organized labor” and warned it “will further erode its credibility as a neutral arbiter of labor relation issues in the workplace.”

Rep. Byrne concluded with the urgent need for congressional action: “I am hopeful … we will send to the president a resolution that reins in this activist board and rolls back this destructive regulatory scheme. The president will then have to decide whether he stands with Big Labor, or with the nation’s workers and job creators.”

To learn more about today’s hearing, read witness testimony, or to watch an archived webcast, visit


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