Blog | Labor Law

Caution: Your Right to a Timely Vote May Be at Risk

Three years ago, the National Labor Relations Board took modest steps to streamline, modernize and improve the process by which workers petition for an election to vote on forming a union at work. The rules reduced unnecessary delay caused by management lawyers litigating issues in order to slow down elections and deprive workers of their right to vote.

Under the rules, workers get to vote two weeks sooner—the median time from petition to election is 23 days, compared with 38 days under the old rules. This shows that the goal of reducing unnecessary delay has been met.

Unfortunately, the U.S. Chamber of Commerce and other corporate interests have been campaigning to get rid of the rules, saying they are unfair to businesses. First they tried lawsuits—and lost, with the rules upheld in full by courts in Washington, D.C., and Texas. Then the Chamber and their allies tried to block the rules with legislative action, which has so far failed.

But now three Republican appointees to the NLRB are asking for public comments on whether the rules should be changed. The two Democratic appointees to the NLRB—Mark Gaston Pearce and Lauren McFerran—disagree, saying the rules have worked well and there is no reason to change them.

The NLRB is taking public comments until April 18 on whether it should change the 2014 rules. Add your voice to the growing chorus telling the NLRB to keep the rules.

Explore the Issue