Gardner Moves to Combat Ambush Union Elections

February 11th, 2015

Washington, D.C. – Senator Cory Gardner (R-CO) announced today that he is introducing as an original co-sponsor legislation which would nullify the “ambush elections” rule issued by the National Labor Relations Board (NLRB). The legislation would reverse an NLRB rule that shortened the time before a union election must take place from its current median of 38 days down to as few as 10 days. The rule also limits the opportunity for a full review of election fairness by providing employers only eight days to find an attorney before a pre-election hearing, even while national union groups have had months to conduct an organizing campaign.

“Deciding whether or not to form a union is a major decision, and employees deserve to have a full hearing of the issues from both sides,” Gardner said. “This NLRB rule makes that impossible, rushing employees and businesses into a decision that could have a sizable economic impact on both parties.

“Further, this rule jeopardizes employee privacy by expanding the amount of information which businesses are forced to hand over to union organizers. This includes highly sensitive and personal information: names, cell phone numbers, email addresses, work schedules, shift locations and more. It should be up to employees whether this information is handed out, and the NLRB should certainly not compel businesses to do so.

“It’s Congress’ job to write the laws, and the executive branch’s job to enforce them. Too often, executive agencies overreach by writing rules and regulations that overstep the bounds of fair and impartial enforcement. When that happens, it’s Congress’ job to step in and roll back those attempts at onerous regulation. This legislation does just that, and provides a fair framework for employees to hear from both sides when deciding on whether to unionize. I’m happy to be an original co-sponsor, and will work hard to make sure it passes.”