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Committee Statements

Walberg Statement: Markup of H.R. 2776, the Workforce Democracy and Fairness Act

House Republicans have been working hard to remove barriers to job creation, deliver regulatory relief, and help working families and small businesses succeed.
House Republicans have been working hard to remove barriers to job creation, deliver regulatory relief, and help working families and small businesses succeed.

Rolling back the National Labor Relations Board’s activist agenda is an important part of that effort. During the Obama administration, the board advanced policies designed to empower special interests at the expense of the men and women who keep our economy moving. These policies not only hampered our economic recovery and limited opportunity, they stripped away rights and protections for workers and employers.

As a former union member, I respect the right of workers to join a union. I also respect the right of workers to have a real choice and make an informed decision in the matter. That’s why the NLRB’s ambush election rule is so concerning. Simply put, this rule was designed to rush employees into union elections before they have an opportunity to consider all the consequences.

Workers now have as little as 11 days to understand the pros and cons of joining a union before casting their vote. And while unions can prepare their entire campaign before a business even knows about it, employers have as few as seven days to find legal counsel and appear before a NLRB hearing officer.

This short time period is completely unreasonable. Eleven days isn’t enough time for workers to hear from both sides of the debate and make a personal decision that impacts their job and paycheck. And seven days certainly isn’t enough time for employers to respond and communicate with their employees. This is especially true for a small business owner who lacks HR staff or in-house counsel.

Before this rule took effect, the union election process took a median of 38 days. This is a more sensible time frame that gives workers a chance to gather information and get the facts. We need to get back to the way things were before the NLRB overstepped. And in no way would union leaders stand at a disadvantage. In fact, before this unnecessary rule was implemented, unions won 67 percent of workplace elections.

H.R. 2776 will restore long-standing NLRB election procedures that served workers well and provided a level playing field between unions and employers. The bill ensures no union election is held less than 35 calendar days from when the petition for the election was filed.

But there’s more that must be done to restore fairness to union elections, which is why this bill also addresses the NLRB’s micro-union scheme. The board’s decision in the 2011 Specialty Healthcare case was perhaps one of the most reckless of the past eight years. It empowered union leaders to handpick individual employees and form micro-unions as an incremental step toward organizing an entire business. As a result, employees face fragmented workplaces and employers are forced to confront union red tape that drives up the cost of doing business and hiring workers.

At a recent hearing, a Michigan Health and Hospital Association official from my home state said, “This sub-divided situation is terrible for any employer, but it is a matter of life or death in a health care setting. The success of any hospital is dependent on the ability of its staff members to work as a cohesive unit. The Specialty decision threatens this vital component.”

Her comments serve as a painful reminder of how misguided federal policies can have harmful, real-world consequences. Congress must take action. The Workforce Democracy and Fairness Act will roll back the NLRB’s micro-union scheme and reinstate important protections workers and employers received for decades.

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