President Obama is expected to veto legislation passed by the House and Senate that would overturn the National Labor Relations Board’s (NLRB) “ambush” election rule. The NLRB’s rule would shorten to as few as 14 days -- down from the current median period of 38 days -- the period of time between a union filing a petition for election and the election itself.
NMHC/NAA have advocated for overturning the rule because this shortened period would deny multifamily employers due process rights, and the ability to communicate with their employees, before an election. Employees would hear about the prospect of rising wages and benefits from organizers, but employers might be unable to respond during a shortened election period.
The Senate approved the bill earlier this month on a party line vote of 53-46 and the House followed suit on March 19 similarly along party lines of 232-186. Given the likelihood that President Obama’s veto will be sustained, the ambush election rule’s fate will be decided in the courts where two sets of business groups have filed lawsuits. The rule is expected to take effect on April 14 barring judicial action.
- Department of Labor Issues Final Overtime Rule with Significant Wins for Multifamily
- NMHC/NAA Joint Employer Letter to the National Labor Relations Board
- Industry Supports Regulations to Overturn Joint Employer Rule
- NLRB Reinstates Joint Employer Rule
- NMHC/NAA Letter to the Senate on "Joint Employer"