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 If this is accurate, this reason alone requires that all provisions of the rule be withdrawn as aforementioned, but for those that eliminate outdated references and streamline procedures, WFI asks for the below considerations:
- 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 This provision should be withdrawn.
- 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.
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: http://www.workforcefairness.com.
To schedule an interview with a Workforce Fairness Institute representative, please contact Ryan Williams at (202) 677-7060.