Please see the below letter issued by the Workforce Fairness Institute (WFI):

February 1, 2018


National Labor Relations Board

1015 Half Street, SE
Washington, D.C. 20570


Members of the National Labor Relations Board,


Below are supplemental comments from the Workforce Fairness Institute sent on January 18, 2018 in relation to the 2014 Election Rule.

The purpose for the Election Rule, unstated but obvious to all, was to increase the union win rate in board elections.   That result has failed to materialize.   While the union win rate appears to have increased slightly in 2017, we suspect, but do not know, that administering the rule has diverted substantial resources away from other important agency responsibilities, such as prosecuting unfair labor practices.  If this is accurate, this reason alone requires that all provisions of the rule be withdrawn as aforementioned, but for those that eliminate outdated references and streamline procedures, WFI asks for the below considerations:

  1. As previously stated the rule both drastically shortens the time for a board election, stripping America’s workers of their freedom to cast informed votes regarding the unionization of their workplace and does not give employers a reasonable period of time to file objections to the election or to thereafter express their views to their workers.  In addition, it expands the Excelsior rule to require that private worker contact information, the release of which has not previously been authorized by the worker, be provided to the union together with information disclosing where the worker is located on the work floor, subjecting them to union solicitations during the work time.  This provision should be withdrawn.
  2.  The Board should amend the rule as follows:

(i) The regulation should address the difficulties workers face when they file a decertification petition and must navigate Board law and procedures.  If a contract is involved, the workers must file a decertification petition within a narrow (30-day) window prior to the expiration of the first three years of the contract and any successor contract.  Most employees are unfamiliar with filing decertification petitions.  Board law prohibits the employer from assisting his workers even if requested and, we suspect but do not know, that some agency staff may be reluctant to guide them through the process.  Provisions should be added to the regulations that provide for periodic written notice to employees of their right to file a decertification petition and offer agency guidance on how to do it.  One such notice should always be provided to workers 60 days prior to the opening of any period for filing a decertification petition.  The union and employer should be required to jointly notify the agency soon after a contract is executed giving its length and expiration date.  Using that information, the NLRB should publish the notice of employees’ right to decertify the union and require it be posted in conspicuous places in the workplace.

 (ii) The Board’s revised election procedures should address the its blocking charge policies, which can contribute to unwarranted, significant delays in holding an election based on alleged but unproven unfair labor practices.

WFI appreciates the NLRB’s request for information on this critical issue and is encouraged by the Board’s willingness to examine the shortcomings of this ruling.

Heather Greenaway
Workforce Fairness Institute



The Workforce Fairness Institute is an organization committed to educating voters, employers, employees and citizens about issues affecting the workplace.  To learn more, please visit:


To schedule an interview with a Workforce Fairness Institute representative, please contact Ryan Williams at (202) 677-7060.



Tell Congress: Stop the PRO Act

WFI is working to prevent passage of the so-called Protecting the Right to Organize Act (PRO Act)—a wholesale labor reform package that takes the current careful balance of labor rules and tips it greatly in the favor of labor bosses and forced collective bargaining.

The PRO Act robs workers of the right to a secret ballot to form a union, forces union contracts on workers without a vote of approval, and expose workers’ personal contact information to union bosses seeking to organize a workplace. And that’s just the start.

Help us speak out against this woefully misguided and blatantly anti-worker legislation. Review and send the message below to your members of Congress today.

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WFI Key Vote Letter: Opposition to PRO Act

— 02.10.2020 —
Dear Speaker Pelosi and Minority Leader McCarthy: On behalf of the Workforce Fairness Institute (WFI), I am writing to share our organization’s vehement opposition to H.R. 2474, the Protecting the Right to Organize Act (PRO Act). WFI has serious concerns with the broad, overreaching nature of this legislation and the many ways in which it would undermine worker freedom and privacy, while simultaneously threatening businesses and entire industries that keep America’s economy thriving. Please note that WFI will include votes on the PRO Act and its amendments on our Congressional Labor Scorecard, which scores and ranks legislators based on their activity associated with workplace issues. WFI was established to fight for American employees and employers as well as our entire economy. We believe in worker empowerment, the right of workers to be fully informed of the options available for worker-involvement in the workplace, and the right to freely choose whether to organize or not. No individual or group – government, a union or an employer – should be able to intimidate or restrict workers’ in exercising these rights. In an attempt to boost flailing union membership at the expense of workers’ rights, the PRO Act would upend decades of established U.S. labor law and institute myriad anti-employee and anti-employer policies that have already been soundly rejected—by Congress, various federal agencies, or the courts. Among its most blatant affronts to workers’ rights, the PRO Act would eliminate the right to a secret ballot when determining whether to unionize and enforce a “card check” system, exposing workers to the potential for harassment, intimidation, and coercion. The PRO Act would also enforce binding arbitration in union negotiations by a government- appointed bureaucrat; repeal and eliminate right-to-work laws in 27 states, force workers to fund union activities regardless of whether they support them; and threaten the ability of individuals to operate as independent contractors, eliminating traditional economic and employment opportunities and threatening the independence and flexibility of the emerging gig economy. On top of all that, the PRO Act would force all workers’ personal and home contact information to be provided to a union during organizing campaigns – in an electronic, searchable format no less, with no limit on what a union can do with that information. WFI believes in advancing sensible policies that protect and preserve the rights of both employees and employers, and we welcome the opportunity to work with legislators who also support these efforts. However, the PRO Act does not achieve these goals and would instead threaten the rights of both while jeopardizing our entire economy. WFI urges members of the House to strongly oppose the PRO Act. Sincerely, Heather Greenaway Executive Director Workforce Fairness Institute See the letter here.
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