On April 18, AGC submitted its response to the National Labor Relations Board’s Request for Information regarding representation-case procedures. AGC also joined a response submitted by the Coalition for a Democratic Workplace (CDW). Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections. The rule is often called the “quickie” or “ambush” election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.
CDW’s response provides in-depth arguments for rescinding or modifying the rule. It argues that the rule focuses on speed while undermining employers’ rights, straining stakeholder resources, confusing employees, and invading employee privacy.
AGC’s independent response expresses support for CDW’s arguments and provides supplemental points of particular relevance to construction employers. It reiterates concerns laid out in AGC’s 2014 comments to the proposed rule about how the changes would be particularly burdensome and impracticable in the construction industry given the complexity of determining unit appropriateness and voter eligibility in construction. The response further conveys information illustrating how those concerns have been validated since the rule has taken effect.
For more information, contact Denise Gold, associate general counsel, at (703) 837-5326 or goldd@agc.org.
