In June, the National Labor Relations Board proposed a
rule change to streamline union representation elections by reducing frivolous litigation and bringing the transfer of information into the 21st century by allowing electronic filing. The proposal would slightly reduce the ability of corporations to drag out the election process unreasonably, without increasing penalties for abuses or making major changes like allowing electronic voting. Already, the proposal has drawn
ridiculous, contradictory objections at a hearing and an
outsourcer's bill of rights in the House. Now, the US Chamber of Commerce says that if the proposal passes,
they'll sue:
“I think it’s a given that we would go to court and challenge the regulation, depending on how it comes out, of course. Maybe it will come out differently than we suspect,” said Randy Johnson, the Chamber’s senior vice president of labor, immigration and employee benefits. “Whether or not we seek an injunction against the reg, we probably would.”
Of course it's a given. The NLRB's proposal would make things incrementally easier for workers, therefore it must be crushed lest anyone get any ideas about making things substantially easier for workers.
There are time constraints here, too:
The labor board will have to move quickly this year to revamp the rules.
NLRB Chairwoman Wilma Liebman’s term is finished by the end of August, while board member Craig Becker’s term ends when Congress adjourns its session this year, likely in December. Without new people in those seats, the five-member board will be down to just two — not enough to have the legal authority to issue decisions, due to a 2010 Supreme Court ruling.
With Republicans determined to block any nominee who hasn't made it their life's work to drive down wages and make workplaces less safe, recess appointments would be required to have a functioning NLRB—if Congress will recess and President Obama will once again make recess appointments.