Congress Seeks to Overturn Ambush Election Rule


Copyright: lazyllama

The House and Senate in June began consideration of measures to overturn the National Labor Relations Board’s (NLRB) so-called “ambush” election rule. The rule took effect in 2015 and shortens to as few as two weeks – down from an average 38 days – the period of time between a union filing a petition for election and the election itself. This would deny multifamily employers due process rights and the ability to communicate with their employees before an election.


NMHC/NAA have long supported efforts to overturn the rule. On June 14, the House Education and the Workforce Subcommittee on Health, Education, Labor and Pensions held a hearing to examine legislation introduced by Chairman Tim Walberg to rectify the rule. The Workforce Democracy and Fairness Act would require at least 35 days between the filing of a petition to establish a union and an election. It would also provide employers at least 14 days to prepare for a pre-election hearing before the NLRB to resolve election issues. On the Senate side, Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-TN) on June 14 introduced legislation with similar provisions.


NMHC/NAA strongly support the legislation introduced in both chambers and will be monitoring legislative action. These bills would restore balance to the union election process and ensure that multifamily firms have sufficient time to communicate with and fully inform employees prior to an election.