NLRB Announces Proposed Changes to Speed Up Union Elections

At WSJ, "Plan to Ease Way for Unions":

The National Labor Relations Board Tuesday proposed the most sweeping changes to the federal rules governing union organizing elections since 1947, giving a boost to unions that have long called for the agency to give employers less time to fight representation votes.

The NLRB's proposals would likely compress the time between a formal call for a vote by workers on whether to join a union, and the election itself. It is the latest in a series of actions by the board and other agencies controlled by Obama administration appointees that respond to labor leaders' calls for more union friendly federal labor policies.

The rules governing organizing are the focus of a power struggle between unions and employers after decades of declining union membership. Only 6.9% of private sector workers belonged to unions in 2010, and just 11.9% of all U.S. workers, according to the Labor Department. In 1983, unions represented 20.1% of all workers.

"This is another not so cleverly disguised effort to restrict the ability of employers to express their views during an election campaign," said Randy Johnson, the U.S. Chamber of Commerce's senior vice president of labor, immigration and employee benefits.

Some companies say cutting the lead time before an election would make it harder for them to build a case for opposing a union, because union campaigns often begin months earlier without an employer's knowledge.

Unions praised the proposal, although Richard Trumka, president of the AFL-CIO, called the board's step a "modest" one that doesn't address "many of the fundamental problems with our labor laws."

Modest. Right. Trumka's a thug.

This will be an extremely significant change if approved. See Peter Kirsanow, "Major Changes to NLRB Rules Announced Today":

This is a very big deal. Union representation of the private-sector workforce has fallen from 35 percent 50 years ago to just 6.9 percent today. Implementation of the NLRB’s proposed rule changes would significantly increase the latter percentage. Here’s why:

The proposed rules would substantially shorten the time period between the filing of a petition for a union-representation election and the actual conduct of the election. Right now, initial elections normally are conducted within 38–40 days of the filing of a petition by the union. Since the typical employer is completely oblivious to the fact that a union has been organizing his workforce for the last 6–8 months, the filing of the representation petition is usually the first time the employer becomes aware of the unionization campaign. The employer then uses the 38–40 days between the filing of the petition and the election to make his case to his employees.

That’s not much time for the employer to get his message out. Indeed, in 2009 and 2010 unions won approximately 68 percent of elections (this does not include the number of petitions withdrawn by unions). Yet the “quickie election” rules proposed by the NLRB will shorten the time frame to a mere 10 –20 days. Make absolutely no mistake: That’s not enough time for even the largest and most sophisticated employers to counter what the union has been telling employees while organizing them for the last 6–8 months. The union win rate will far exceed 68 percent. In fact, it’s likely that many employers will choose to not even go through the expense of an election that he’s sure to lose, but will simply voluntarily recognize the union upon a showing of authorization cards.

These people suck. Freakin' commies.