Obama Administration Proposes Two Landmark Labor Rules

Obama Administration Proposes Two Landmark Labor Rules

The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) have each issued a proposed rule that would significantly change collective bargaining rules on labor union matters.

First, in an effort to secure employer neutrality in more union organizing campaigns, DOL proposed June 21 new reporting requirements for so-called “persuader activity” by employers, consultants and law firms. The following day, on June 22, the NLRB proposed changing the rules governing union representation elections – referred to as the “quickie election” rule. Both proposals would dramatically restrict how employers can communicate with their employees during union organizing drives, and both have generated signification opposition within the employer community.

The House Education and Workforce Committee held a July 7 hearing on the quick election rule, where former NLRB chairman Peter Schaumber, testified that the Board’s quick election proposal would reduce the time for Board elections from the current median time of 38 days to as little as 10 to 14 days. Furthermore, the NLRB has received overwhelming public interest to participate in public hearings on the proposed election rule changes in Washington, D.C. on July 18-19. SHRM will be represented at the hearings by SHRM member G. Roger King.

Both proposals are subject to a 60-day comment period during which the public may weigh in on the merits of each. In the coming weeks, SHRM will provide its members a chance to submit their views to the NLRB and Department of Labor on these proposals.