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What it does: The Employee Rights Act requires that the NLRB wait 40 days before conducting a secret ballot election.
Why: The National Labor Relations Board (NLRB) has recently adopted a rule–which is pending in federal court–that would dramatically speed up the election process. Their goal is to catch unwitting employers unprepared. Although there is no specific timeline, outside experts expect that elections could occur within seven days of a union filing a petition. The regulation also eliminates many of the pre-election opportunities to appeal the petition.
Background: Currently, the NLRB reports that the average time between filing a petition for an election and holding an election is 38 days. This gives both the union and the employer an opportunity to communicate their perspective on union membership.
AFL-CIO President Richard Trumka recently remarked that this and other labor law “reforms” are effectively consolation prizes for losing the fight to pass the deceptively named Employee Free Choice Act, which would have mandated “card check” union certifications.