Key Vote letter on S.J. RES. 36 re NLRB Regulations to Union Representation Elections

TO THE MEMBERS OF THE UNITED STATES SENATE:

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, strongly supports S.J. Res. 36, a resolution of disapproval that would repeal revisions the National Labor Relations Board (NLRB) recently made to its procedures for union representation elections.

These regulations should be repealed for several reasons. First, they fail to recognize that under long-standing rules, the vast majority of cases were processed efficiently. In fiscal year 2010, the average time for 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. 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. This 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 union representation election regulations.

Through amendments to union representation election procedures, the NLRB continues to destabilize the long-established balance struck by the National Labor Relations Act protecting employee, union, and employer rights. S.J. Res. 36 would be an important step to restoring the balance. The Chamber strongly supports S.J. Res. 36 and urges you to vote in favor of this Resolution. The Chamber may consider votes on, or in relation to, this Resolution in our annual How They Voted scorecard.

Sincerely,
R. Bruce Josten