NLRB final rule will better ensure workers get a free and fair election

Dec 21, 2011 Issues: Labor, Worker Rights


WASHINGTON – Rep. George Miller (D-CA), the senior Democrat on the House Committee on Education and the Workforce, issued the following statement after the National Labor Relations Board announced today a set of modifications on union representation election procedures.

“If workers want an election, they should get an election. It’s as simple as that. Endless delays caused by frivolous litigation only thwart workers’ rights to a free and fair election. This final rule approved by the NLRB will reduce the amount of wasteful pre-election maneuvering used to delay or deny workers’ right to a vote.

“With this rule, the NLRB is doing its job.  It is better effectuating the promises of the National Labor Relations Act.  It is making free and fair elections more likely.  There is handwringing from some quarters over these changes because delay and frivolous litigation are the business model for those who want to undermine or prevent elections.  The NLRB, however, is rightly focused on ensuring workers’ freedom of choice.

“The final rule today is modest.  It tackles only some of the weaknesses and loopholes in current election procedures.  But it’s a positive and critical step forward, and I look forward to the NLRB’s continued consideration of these issues.” 

House Republicans pushed through special-interest legislation recently designed to dramatically weaken workers’ right to a free and fair union representation election. It was just the latest attack by Republicans and special interest groups against workers’ rights and the agency that enforces those rights since the beginning of the year. Republicans have tried to defund the agency, passed legislation to take away any effective sanctions the NLRB can use to enforce laws protecting workers from retaliation, and interfered with ongoing enforcement actions. Only the NLRB can enforce workers’ and employers’ rights under the National Labor Relations Act.