HJ Res 103 Regulations Governing Union Representation Elections

Release Date: 
Monday, February 27, 2012

February 27, 2012

TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES:

The U.S. Chamber of Commerce, the world’s largest business federation representing the
interests of more than three million businesses and organizations of every size, sector, and
region, urges you to support and co-sponsor H.J. Res. 103, a resolution of disapproval that would
repeal recent revisions the National Labor Relations Board (NLRB or Board) made to
regulations governing union representation elections.

These regulations replace a process that, in the vast majority of cases, worked fairly and
efficiently. In fiscal year 2010, the average time for union representation elections was just 38
days, with more than 95 percent of all elections occurring within 56 days. However, rather than
look at targeted solutions for the small percentage of cases that take too long, the Board made
sweeping changes that will apply to all elections.

While the substantive regulations adopted by the NLRB are detailed and complex, the
end result is that election time will likely decrease significantly at the expense of important due
process and free speech rights. The simple fact is that employees deserve a fair campaign period
to hear from all sides and employers deserve an opportunity to have critical election-related
questions settled before an election occurs. Organized labor has long sought to radically reduce
or even eliminate this campaign period, which was precisely the goal of the “card check”
provisions of the deceptively named “Employee Free Choice Act” (EFCA). Congress was right
to reject EFCA and it should likewise reject the NLRB’s new election regulations.

Due to the critical importance of this issue to the business community, the Chamber
strongly urges you to support and co-sponsor H.J. Res. 103.

Sincerely,

R. Bruce Josten