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Rep. Virginia Foxx (R-NC), chairwoman of the House Committee on Education and the Workforce, and Sen. Lamar Alexander (R-TN), chairman of the Senate Health, Education, Labor and Pensions Committee, today submitted comments to the National Labor Relations Board (NLRB) supporting the rescinding of a 2014 rule created by the Obama-era Board that drastically changed union election policies and created ambush elections.

Rep. Foxx and Sen. Alexander, along with Rep. Tim Walberg (R-MI) and Sen. Johnny Isakson (R-GA), wrote to the Board:

“The 2014 rule significantly shortened the time between the filing of a petition and the earliest date at which an election can be held. Employees may now have as few as 11 days to consider the consequences of unionization before they have to vote. This is not an adequate timeframe for employees to educate themselves, especially when their employers’ time will be monopolized by legal preparations. As a result, employees often hear one side of the story from the union, but not their employer’s point of view.

“[W]e recommend the Board adopt a standard where an election will not be held fewer than 35 days after the filing of a petition to give workers the time they need to gather all the facts to make a fully informed decision.”

Background: Currently, the Board’s ambush election rule arbitrarily limits the ability of employers to legally prepare for union elections, and delays answers to important questions – like voter eligibility – until after the election.

Both the House and Senate have legislation to protect workers’ rights to make an informed decision in union elections, and codify long-standing NLRB election procedures to restore fairness to union elections.

Click here and here to learn more about legislation introduced in the House to address the issue of ambush elections, and here to learn about legislation in the Senate on the issue.

Click here to read a full copy of the letter.

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