McConnell, Alexander, Enzi Praise House Passage of Resolution to Overturn NLRB Ambush Election Rule

WASHINGTON, D.C.,  March 19 – Senate Majority Leader Mitch McConnell (R-Ky.), Sen. Lamar Alexander (R-Tenn.), and Sen. Mike Enzi (R-Wyo.) today praised House passage of a joint resolution to stop the National Labor Relations Board (NLRB) from implementing its “ambush election” rule. The resolution was introduced under the Congressional Review Act, which allows the House and Senate to vote on a joint resolution of disapproval to stop, with the full force of law, a federal agency from implementing a rule or regulation or issuing a substantially similar regulation without congressional authorization.

The senators announced the effort to block the NLRB’s rule through the Congressional Review Act last month along with House leaders, Speaker of the House John Boehner (R-Ohio), House Education and the Workforce Committee Chairman John Kline (R-Minn.) and House Health, Employment, Labor and Pensions Subcommittee Chairman Phil Roe (R-Tenn.). It passed the House today by a vote of 232 to 186, after passing the Senate last month by a vote of 53-46. The resolution now goes to the president. If vetoed, a two-thirds majority in the Senate and House would be necessary to overturn the veto.

“The Administration’s Ambush rule is designed with one purpose in mind: to fatten the wallets of powerful political bosses by weakening the rights of middle-class workers. Republicans believe workers have the right to make their own, informed choices when casting a ballot in a union election. We don’t think powerful political bosses should rush or force that decision on them. But that’s just what this rule aims to achieve,” said McConnell, who spoke on the issue last month on the Senate floor.

“The NLRB’s rule to shorten union elections to as little as 11 days allows a union to force an election before an employer has a chance to figure out what is going on,” said Senate labor committee Chairman Alexander. “I hope the president will side with a majority in Congress—and fairness for American workplaces—and help stop this rule’s damaging effect on every employee’s right to privacy and every employer’s right to free speech,” Following a March 3, 2015, speech on the Senate floor opposing the NLRB’s rule, Alexander submitted for the record 11 letters representing 173 groups also speaking out against the rule.

“This new rule from the NLRB would undermine a sensitive process that is already providing fair and timely elections, and make it harder for businesses to meet their obligations in good faith,” said Enzi, chairman of the Senate Budget Committee. “Congress has spoken and I encourage the president to sign this resolution in order to protect employees and small businesses from the burdens that this unnecessary rule would impose.”

The NLRB’s rule was finalized in December and would shorten the length of time in which a labor union certification election is held—currently a median 38 days—to as little as 11 days. In 2014, more than 95 percent of union certification elections occurred within 56 days. In addition, the median number of days from petition to election was 38 days. These numbers surpass the performance goals set by the NLRB itself. The rule is set to go into effect April 14, 2015. 

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For access to this release and Chairman Alexander’s other statements, click here.