Security Legislative Update - December 2011

The National Labor Relations Board (NLRB) voted yesterday to adopt a resolution that will restrict many employer rights during union organizing campaigns. Under the resolution, a final rule will be drafted and must be affirmed by another vote of the Board. The resolution limits the ability to challenge the eligibility of certain employees to vote prior to elections that determine whether employees wish to form a union. There are currently only three members on the Board. The one dissenting vote was cast by Brian Hayes. He voted against the resolution on both procedural and substantive grounds, saying “the net effect will be to shorten the election process”. I’ve attached the resolution as well as a summary prepared by the Board staff. It is not clear when the final rule will be out, but I suspect it will be before the end of the year because Board Member Becker’s appointment will end when Congress adjourns.
 
It appears to me that the rule will remove many arrows from the quiver of employers by reducing the ability to challenge the composition of the bargaining unit prior to the election, eliminating the use of briefs, limiting appeals, and the waiting period for decisions on issues prior to elections. The Chairman said that the remaining issues proposed earlier in the year may be considered later.
 
NCISS strongly opposes these actions by the National Labor Relations Board. We support the efforts of a business group, the Coalition for a Democratic Workplace to fight the partisan efforts of the NLRB. Yesterday, the House of Representatives passed the Workforce Democracy and Fairness Act by a vote of 235-188. That bill would rein in the NLRB. Unfortunately, it is unlikely to pass the Senate.

NCISS will continue to fight to protect the interests of the guard and investigative profession. We’ll provide further information on this action by the NLRB as developments warrant.