S.J.Res. 36: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board... Read More


This resolution was introduced on Apr 19, 2012, in a previous session of Congress, but was not passed.


Date Introduced
Feb 16, 2012


Bill Text


Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation election procedures.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the National Labor Relations Board relating to representation election procedures (published at 76 Fed. Reg. 80138 (December 22, 2011)), and such rule shall have no force or effect. <all>

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State: CA

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Organizations Supporting

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Farm Equipment Manufacturers Association Urges Members to Contact Their U.S. Senators on the NLRB's Ambush Elections Rule. Over the past several months, the National Labor Relations Board (NLRB) has issued decisions and proposed rules which will harm employer-employee relations and the ability of manufacturers to create much-needed jobs. One of the worst actions is their rule about election procedures. It is so bad, that in both the U.S. Senate and House, members of Congress are working to overturn this rule. The NLRB’s actions would burden manufacturers with harsh new rules, making it harder to do business in the United States. The rule would limit what evidence can be presented at pre-election union representation hearings, stripping business owners of their legal rights to a fair elections process. The rule would also eliminate the current 25-day “grace period,” compressing the time frame for elections to occur to approximately 20 days. Business owners would effectively be stripped of legal rights ensuring a fair election. Your employees could be denied the ability to make fully informed decisions about whether they want to join a union.

The NLRB rule would cut the timeline for union elections to as short as 10 days from when a petition is filed to when a vote is held. This limits employers’ ability to educate employees. Employers won’t have time to raise substantive issues and concerns or express legitimate views about collective bargaining. The ambush-election rule will be especially harmful to small businesses. Small companies don’t have the in-house expertise to guide them during union campaigns, especially with timelines as short as 10 days. The current system works. The NLRB’s own statistics reveal the average time from petition to election was 31 days, with over 90% of elections occurring within 56 days. The ambush-elections rule will take effect april 30, 2012, unless Congress blocks it. Support S.J. Res. 36, the Senate “resolution of disapproval” on NLRB’s ambush-election rule. The vote is expected in late April.

TO THE MEMBERS OF THE UNITED STATES SENATE: The U.S. Chamber of Commerce, the world’s largest business federation representing the interests of more than three million businesses and organizations of every size, sector, and region, urges you to support and co-sponsor S.J. Res. 36, a resolution of disapproval that would repeal recent revisions the National Labor Relations Board (NLRB or Board) made to regulations governing union representation elections. These regulations replace a process that, in the vast majority of cases, worked fairly and efficiently. In fiscal year 2010, the average time for union representation elections was just 38 days, with more than 95 percent of all elections occurring within 56 days. However, rather than look at targeted solutions for the small percentage of cases that take too long, the Board made sweeping changes that will apply to all elections. While the substantive regulations adopted by the NLRB are detailed and complex, the end result is that election time will likely decrease significantly at the expense of important due process and free speech rights. The simple fact is that employees deserve a fair campaign period to hear from all sides and employers deserve an opportunity to have critical election-related questions settled before an election occurs. Organized labor has long sought to radically reduce or even eliminate this campaign period, which was precisely the goal of the “card check” provisions of the deceptively named “Employee Free Choice Act” (EFCA). Congress was right to reject EFCA and it should likewise reject the NLRB’s new election regulations. Due to the critical importance of this issue to the business community, the Chamber strongly urges you to support and co-sponsor S.J. Res. 36.

The National Labor Relations Board (NLRB) is seeking to impose severe and undemocratic limits on the ability of employers to communicate with their employees during union organizing campaigns through an “ambush election” rule, one already rejected by Congress. If the NLRB is successful, businesses will face “ambush” union elections designed to happen so fast that employers have no real opportunity to communicate with employees, and exclude participation by employees opposed to unionization. You can help stop the NLRB by urging your members of Congress to support S.J. Res 36 and H.J. Res. 103. Both resolutions utilize powers given to Congress by the Congressional Review Act (CRA) to block objectionable regulations, such as the NLRB’s ambush election rule. Show your support for workplace free speech and fairness and urge your lawmakers to vote for S.J. Res. 36 and H.J. Res. 103.

Dear Ranking Member Enzi: On behalf of the National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, I am writing in support of S.J.Res. 36, a resolution of disapproval in response to the National Labor Relation Board’s (NLRB) rule related to “ambush” elections. The ambush election rule significantly alters the pre-election labor union process in ways that would particularly harm small businesses, and we appreciate your resolution of disapproval to nullify this rule. Despite Congress refusing to pass card check legislation, it seems clear that the NLRB is intent on implementing card check by regulation. The Board’s rule on “ambush” elections will significantly undermine an employer’s opportunity to learn of and respond to union organization by reducing the so-called “critical period” from petition-filing to election, from the current average time of 31 days to as few as 10-21 days. NFIB believes that employee informed choice will be compromised because the shortened time frame will have business owners scrambling to obtain legal counsel, and they will have hardly any time to talk to their employees. This shortened time frame will hit small businesses particularly hard, since small employers usually lack labor relations expertise and in-house legal departments. With the proposed “ambush” election rule, the NLRB has demonstrated that it has little understanding or concern for the unique demands that these actions would place on small business. It is always a challenge for small business owners to stay updated with new regulations and labor laws, especially in the current economic environment. NFIB’s monthly economic surveys indicate that the small business economy is still at recession levels, and nearly 20 percent of small business owners surveyed indicate that economic and political uncertainty is their number one concern. Unfortunately, the pro-union actions of the NLRB will only create more uncertainty for small business owners at a time when the country needs them to be creating more jobs. Thank you for introducing this legislation to help America’s small businesses. I look forward to working with you to protect small business as the 112th Congress moves forward.

Organizations Opposing

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The Administration strongly opposes passage of S.J. Res. 36, which would overturn recent commonsense measures adopted by the National Labor Relations Board (NLRB) to streamline and modernize workplace elections and ensure that workers deciding if they wish to be represented by a union have a fair vote in a reasonable amount of time. The Administration is committed to supporting the right of workers to join and participate in a union and bargain for fair wages, benefits and a safe workplace. These rights are fundamental to better conditions for American workers and to an open, just, economically fair and prosperous society. S.J. Res. 36 attacks these bedrock American values. If the President is presented with a Resolution of Disapproval that would reverse these measures adopted by the NLRB, his senior advisors would recommend that he veto the Resolution.

The White House 3 years ago

A bill to undo a National Labor Relations Board (NLRB) rule ensuring workers can freely and fairly exercise their right to join a union is headed for a vote in the Senate this week. In December, the NLRB issued new rules that would make union representation elections fairer by simplifying procedures, deferring litigation and setting shorter deadlines for hearings and filings. Currently, when workers petition the NLRB for an election, it can take months and even years before they can cast a vote. Companies often use this time to threaten, scare and discourage workers from voting. Many hire “union-busting” consulting firms that assist the company in deterring employees. Republican members of Congress, trying to pay back their corporate donors by slashing workers’ rights, are attempting to ram through a resolution to undo the new union election rules. Click here to tell your Senator to vote “no” on S.J. Resolution 36 and protect workers’ right to vote.

Dear Senator : On behalf of the Metal Trades Department, AFL-CIO and its 17 affiliated unions, I urge you to vote against S.J. RES 36, a Resolution aimed at blocking a rule to update and modernize the procedures used by the National Labor Relations Board (NLRB) to supervise elections for workers who want to vote on whether to form a union. Workers who want to vote on whether to form a union deserve the right to vote without lengthy, drawn-out litigation and endless, unnecessary delays. Yet under current rules workers can be forced to wait months and even years before they are able to exercise their right to vote and then bargain for an enforceable contract with good wages and benefits. The NLRB’s new rule eliminates many of the barriers workers now face by reducing current delays, eliminating frivolous and duplicative litigation, and ensuring that workers have a fair vote in a reasonable period of time. The NLRB’s final election rules ensures uniformity, consistency, and fairness. It is an important step towards fixing a severely broken system. The new NLRB rule implements modest, commonsense solutions to address the fundamentally flawed and time-consuming procedures of the current system. It is aimed at avoiding litigation over frivolous issues, eliminating needlessly duplicative appeal procedures, and minimizing current opportunities to manipulate the process and stall the election. Workers should not be subjected to interminable delays for their rights to be honored. The new rule does not encourage or discourage unionization. It does not establish any timelines or deadlines for conducting NLRB-supervised elections or mandate that elections be conducted in any specific number of days; as under the current procedures, the timing of elections will vary from case to case. The new rule does not in any way change the employer’s ability to communicate with workers during the election period or conduct mandatory meetings with workers. It applies equally to elections to form a union and to decertify an existing union. The National Labor Relations Act and Supreme Court precedent grant the Board specific, explicit authority to engage in rule-making for the purpose of establishing rules governing representation case proceedings, like those contained in the new election rule. The NLRB’s rulemaking process that led to the adoption of this rule was comprehensive, through, inclusive, and transparent. Thousands of comments were received and considered and the NLRB held a public hearing for additional input. The new rule was approved in full compliance with the Administrative Procedures Act and other applicable statutes. It does not overturn any Board precedent; it does not reverse any prior Board decisions. The new NLRB rule makes modest, sensible changes to bring balance to the election process. A vote against the Resolution will ensure that the rights of working people economic security are protected.

In December, the National Labor Relations Board (NLRB) issued a rule that helps ensure workers have a fair vote on whether to form a union by cutting back on opportunities for employers to manipulate the election process. But anti-worker politicians in Congress are trying to ram through a resolution that would undo this modest step forward for workers. This is an outrageous attack on workers' rights, and that's why we need you to make your voice heard. Please take one minute to make an emergency call to urge your senators to VOTE NO on S.J. Res. 36. before they vote.

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Bill Summary

S.J.Res. 36: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation election procedures.

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