NMHC/NAA signed on to a Coalition for a Democratic Workplace (CDW) comment letter on April 18 that asked the National Labor Relations Board (NLRB) to overturn or improve its ”ambush” election rule. The rule took effect in 2015 and shortens the period of time between a union filing a petition for election and the election itself to as few as two weeks – down from an average 38 days. 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. In June 2017, the House Education and the Workforce Committee approved by a vote of 22-16 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.
NMHC/NAA strongly support the legislation and will be monitoring further 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.
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