Senate, House Leaders Denounce President’s Veto of Joint Resolution to Stop NLRB Ambush Election Rule

WASHINGTON, March 31, 2015 – Senate Majority Leader Mitch McConnell (R-Ky.), Speaker of the House John Boehner (R-Ohio), Sen. Lamar Alexander (R-Tenn.), Sen. Mike Enzi (R-Wyo.), Rep. John Kline (R-Minn.) and Rep. Phil Roe (R-Tenn.) denounced President Obama’s veto today of their Congressional Review Act joint resolution to stop the National Labor Relations Board (NLRB) from implementing its “ambush election” rule.

Under the Congressional Review Act, the House and Senate can 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 resolution passed the House on March 19 by a vote of 232 to 186, after passing the Senate earlier this month by a vote of 53-46.

“The President’s partisan veto will further empower powerful political bosses at the expense of the rights of middle-class workers,” said Senate Majority Leader Mitch McConnell. “Republicans believe workers have the right to make their own, informed choices when casting a ballot in the workplace; we don’t think powerful political bosses should rush or force that decision on them, as the ambush rule proposes. We’ll continue to stand strong against Obama Administration attempts to weaken workers’ rights in order to enrich its powerful political friends.”

“The NLRB’s ambush election rule is an assault on the rights and privacy protections of American workers,” said Speaker of the House John Boehner. “With his veto, the president has once again put the interests of his political allies ahead of the small business owners and hardworking Americans who create jobs and build a stronger economy.”

“The NLRB’s new ambush election rule forces a union election in as little as 11 days—before an employer and most employees even have a chance to figure out what is going on,” said Alexander, chairman of the Senate labor committee. “I’m disappointed the president wasted this opportunity to prevent the board’s rule from infringing on every employee’s right to privacy and every employer’s right to free speech.”

“It’s disappointing that President Obama chose to side with big labor over the rights of employees and employers,” said Enzi, Chairman of the Senate Budget Committee. “With this rule the National Labor Relations Board has taken it upon itself to impose new regulations that would hurt businesses and undermine a process that is already providing fair and timely elections. The NLRB needs to know that this rule is out of bounds.”

“President Obama has decided to stand with his powerful friends in Big Labor, rather than America’s workers and job creators,” said Kline, chairman of the House Education and the Workforce Committee. “With his veto, the president has endorsed an ambush election rule that will stifle employer free speech, cripple worker free choice, and jeopardize the privacy of working families. This fight isn’t over. Congress will continue to oppose this radical assault on workers and employers, and we will continue to demand a fair union election process.”  

“With this veto, President Obama has further proved his administration is more concerned with supporting union bosses than ensuring a fair and impartial process that respects workers’ privacy and right to make decisions that are best for them,” said Roe, chairman of the House Subcommittee on Health, Employment, Labor and Pensions. “For far too long, we’ve seen the Obama administration’s activist NLRB – which should ensure fair and transparent union elections – put the interests of labor unions before those of job creators and American workers. This latest rule is nothing more than an attempt to speed up union elections, violating the rights of workers to make an informed decision and employers to communicate openly with their employees during a union organizing campaign.”

The NLRB’s rule was finalized in December and would shorten the length of time in which a labor union certification election is held 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 gives employers no time to communicate with their employees before a union election and undermines the ability of workers to make an informed decision. In addition, it forces employers to provide employees’ personal information to union organizers without employees’ consent. The ambush election rule will go into effect April 14, 2015. 

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