NRF asks Congress to overturn union regulation

Washington, D.C. - The National Retail Federation (NRF) has formally asked the House to approve legislation that would overturn a National Labor Relations Board(NLRB) regulation allowing what it terms “ambush” union organizing elections, saying the rule infringes on employee and employer rights and is an attempt to favor union organizing. The Senate approved the legislation earlier this month by a vote of 53-46, and the House is expected to take it up later this week.



“The rule grossly shortens the timeframe for union representation elections, trampling employer due process rights while also limiting employee access to essential information and violating employer free speech rights,” NRF senior VP for government relations David French wrote in a letter to members of the House. “The rule also violates worker privacy rights and will harm retail and restaurant employees and employers and threaten our economy.”



The NLRB issued the regulation in December and it is scheduled to take effect on April 14. Under the new rule, union organizing elections could take place in as little as 14 days after a petition is filed, down from the current median of 38 days. Employers would also be required to turn over workers’ personal contact information to union organizers.



“The NLRB’s rule is not about efficiency but rather a naked attempt by the board to tip the scales in favor of union organizing by holding representation elections before employers can communicate with their employees,” French said. “This is particularly problematic as the law allows unions to secretly campaign for months or years prior to the election.”



NRF will include consideration of the legislation, S.J.Res.8, as a ‘key vote’ in its annual voting scorecard. NRF is also challenging the rule in court, saying it violates the National Labor Relations Act.