Republicans are using the Congressional Review Act that allows lawmakers to undo regulation through a motion of disapproval, which needs a majority vote in both chambers. The motion can’t be filibustered or amended, which will help it bypass Democratic opposition.
The NLRB’s new rules, announced in December, are set to take effect on April 14th and are expected to drastically reduce the time-frame between a union election filing for an NLRB election from a median current 38 days to an anticipated 14-21 days.
Although unions already win a majority of NLRB-conducted elections, if the NLRB’s ambush election rules take effect as planned, according to a chart produced by the Labor Relations Institute, it is expected that union win rates will increase dramatically.
Additionally, the NLRB’s new rules mandate that petitioned employers will be required to turn over a list of employee names, their home addresses, telephone numbers, as well as email addresses.
In anticipation of the Senate vote, the Obama Administration stated on Tuesday that it would veto the legislation if it passed.
While there are federal lawsuits pending, if the rule is not overturned, it is expected that union-free employees and their employers will be subjected to being ambushed by unions as early as Tax Day, April 15th.