Aug 30, 2011 - 4:11pm

NLRB Rules in Much Watched Trio of Cases


Senior Vice President, Employment Policy Division
The National Labor Relations Board made public today a trio of rulings with substantial impact on America’s job creators. In the most watched case, Specialty Healthcare, the Board changed the standard for union organizing in non-acute healthcare facilities. 
The Board also announced reversal of its 2007 Dana decision in a case called Lamons Gasket. The decision ends employees’ ability to challenge the result of a card check unionization drive by secret ballot within 45 days. The decision puts card check union organizing back on more equal legal footing with secret ballot representation elections despite the failure of the card check bill in the last Congress. 
Last, the Board ruled in UGL-UNNICO Service Company that in the period following the change in ownership of a unionized workforce, employees may not immediately remove an unwanted union. Instead, a “reasonable amount of time” must now pass first.
Taken as a whole with other recent actions, these rulings do little to dispel the notion that the Board is pursuing an activist path that creates uncertainty for job creators and stifles hiring in the process. With the prospect of “quickie” representation elections, the Board dictating to employers where to locate, and other harmful regulations looming large, the business community has much to fear in the coming months.
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About the Author

Glenn Spencer Headshot
Senior Vice President, Employment Policy Division

Glenn Spencer is senior vice president of the Employment Policy division at the U.S. Chamber of Commerce.