The National Federation of Independent Business (NFIB) Texas today filed suit against the National Labor Relations Board (NLRB) to challenge the reissuing of a 2011 rule to accelerate union elections. NFIB had sued and stopped the 2011 rule, and testified before the NLRB in opposition of the reissuance in 2014.
Small businesses in Texas and around the country cannot understand why the NLRB is trying to pass a wish list drawn up by organized labor, said NFIB/Texas Executive Director Will Newton. Most small businesses do not employ in-house counsel leaving them to decipher complicated labor laws on their own. Holding a union election in as little as 10 days makes absolutely no sense unless the goal is to complicate the process and reduce an employees chance to make an informed decision.
NFIB is standing up for small businesses to challenge the actions of a runaway NLRB, said Karen Harned, Executive Director of NFIBs Small Business Legal Center. The first version of this ambush election rule was already struck down by a federal court, which noted the current election process allows enough time for unions to make their case and for employers to make theirs, after which employees have the information they need to make an informed decision. The NLRB is not serving as a neutral arbiter between employer and employee but instead creating rules to make unionization easier with a devastating cost to Americas job-creators.