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National Restaurant Association - NRA pushes to block NLRB "ambush-election" rule

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NRA pushes to block NLRB "ambush-election" rule

The National Restaurant Association wrote to all U.S. Senators April 23 urging them to block a new "ambush-election" unionizing rule set to take effect April 30.

The Senate is expected to vote April 24 on Senate Joint Resolution 36, which would nullify the unionization rule before it takes effect. The vote is expected to be close. Senators in favor of S. J. Res. 36 need a simple majority to pass the measure.

The NRA also issued an action alert encouraging its members to contact their senators to support S. J. Res. 36.

The controversial ambush-election rule, issued by the National Labor Relations Board last year, would dramatically alter union elections in part by speeding up the timeline from when a union petition is filed to when employees vote on it to as quick as 10 days. The current median timeline for union votes in the sector that includes restaurants is 41 days.

"It will be more difficult for small businesses to respond and educate their employees during union election campaigns," NRA Executive Vice President of Policy and Government Affairs Scott DeFife said in an April 23 letter to senators. The rules "restrict an employer's ability to raise substantive issues and concerns prior to a union election ... In practice, they could both deny employees full and proper access to information on unions, while restricting employers' rights to due process and proper time to address employee concerns."

"As an industry with tens of thousands of small businesses, but also many large, multi-state and international businesses and nearly 13 million employees, these issues are of critical importance," DeFife said. "The proposal by the NLRB raises significant issues for the industry."


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