SHRM Continues to Lead on Behalf of HR

Today, December 12, the National Labor Relations Board (NLRB) issued a final rule designed to speed up the union election process. While SHRM is still reviewing the final rule, it appears to be virtually identical to the rule as proposed.

The rule would dramatically change the Board’s longstanding union election procedures. Of particular concern, the rule would:

  1. Postpone virtually all litigation over union eligibility issues until after the election itself—requiring employers to identify any issues or concerns within a shortened timeframe;
  1. Severely limit the time between the filing of the election petition request and the election itself, making it difficult for employers to communicate with employees regarding whether or not to form a union; and
  2. Require employers to furnish union organizers with all available personal email addresses and phone numbers of employees eligible to vote in a union election which raises concerns about privacy of employee information and concerns about the burden on employers to furnish the information.

SHRM has been intensely involved in opposing the rule. We filed comments to the NLRB in response to both the 2011 and 2014 proposed rules. In addition, the boards of 96 SHRM state councils and chapters lent their names in support of SHRM’s comments and over 4,600 SHRM members submitted individual comments. SHRM MAC member, Steve Browne, also testified against the proposal before the House Education and Workforce Committee in March 2014.

In addition, SHRM believes that the NLRB has not made the case that this rule is necessary. The NLRB’s own data show that elections have been held within the timeframe set as a goal by the Board itself.

SHRM is evaluating the final rule’s scope and impact on the workplace and considering all options to prevent these unnecessary and harmful changes from going forward. We will continue to provide updates to SHRM members as the issue continues to unfold.

Please direct any comments or questions to eat0@eau0eav0eaw0, and be sure to follow SHRM’s Government Affairs team on Twitter for further timely updates on this critical issue.