Another Partisan Veto, Obama Kills Republican Bill To Halt Ambush Union Elections

Today in Washington. D.C.: Congress not in Session. They are on their Easter-Passover recess and will return for legislative business on April 13th.

Yesterday, shortly after noon, President Obama vetoed the a resolution of disapproval by the U.S. Congress of a National Labor Relations Board (NLRB) ruling that sped up union elections. Republicans dubbed the NLRB's rule as the ‘ambush election’ rule, because it would allow unions to place undue pressure on workers and employers.

THe rule was advanced by the Democrat members of the NLRB who were previously controversial appointments confirmed under the democrats "Nuclear" option. It is evident by President Obama's veto, that the NLRB majority is dancing to the President Obama's approved Labor Union tune. And that he had no interest in listening to the people's voice through their legislators.

The Washington Free Beacon gives some details on the legislation. “The Republican-controlled House and Senate approved resolutions in March to prevent the National Labor Relations Board (NLRB), the nation’s top labor arbiter, from implementing new union election rules, which would have eliminated a 25-day waiting period in the union election process. Obama said on Tuesday that the GOP resolution undermined the NLRB’s attempt to ‘streamline a democratic process that allows American workers to freely choose to make their voices heard.’ Congressional Republicans say that the ambush election rule does more to undermine the democratic process.

“Unions and labor organizers spend months and sometimes years to get workers to sign petition cards to organize an election. Employers, meanwhile, are forced to play catch-up, educating workers on the potential downsides of union membership in the small window between the NLRB election petition and the election itself. . . .

“The NLRB is pushing ahead with the implementation of the regulations set to debut in April. The agency conducted training seminars on implementing the new rules at the headquarters of SEIU Local 32BJ in Manhattan on Thursday. . . . The veto does not mean that the new regulations will necessarily survive. Two different lawsuits have been filed in federal court challenging the legality of the NLRB’s actions. The regulations will go into effect on April 14.”

In a must-read editorial, The Wall Street Journal explains just what’s going on. “[O]n Tuesday President Obama did another giant favor for his friends in organized labor. He used his presidential authority to scupper a legislative challenge to the National Labor Relations Board’s ambush-election rule.

“In December 2014, the NLRB passed a final rule on a partisan 3-2 vote that greatly shortens the time for a workplace union-organizing election. This fits the pattern of the Obama-era labor board, which has been as biased toward organized labor as any in decades. So in March Congress employed a useful tool known as the Congressional Review Act to pass a resolution to overturn the new regulation. Mr. Obama issued a ‘memorandum of disapproval’—essentially a veto—to kill the Congressional measure and preserve the NLRB rule.

“From now on unions will have unlimited time to prepare their campaigns to organize a workplace, springing the election paperwork on an employer when they figure they have the best chance to prevail. By reducing the time before an election to as little as two weeks from the current average of 38 days, unions will be able to lobby workers and make their case before a company can counter with its own argument. According to the Labor Relations Institute, unions win 89% in elections held in under two weeks compared to two thirds of the time under what have been typical election procedures.

“The quickie rule also forces the employer to give the union personal information about employees, including personal cell phone numbers and email addresses. So much for employee privacy rights.”

Senate, House Leaders quickly denounced President’s Veto of Joint Resolution to Stop NLRB Ambush Election Rule.

Majority Leader Mitch McConnell said: “The President’s partisan veto will further empower powerful political bosses at the expense of the rights of middle-class workers. Republicans believe workers have the right to make their own, informed choices when casting a ballot in the workplace; we don’t think powerful political bosses should rush or force that decision on them, as the ambush rule proposes. We’ll continue to stand strong against Obama Administration attempts to weaken workers’ rights in order to enrich its powerful political friends.”

Speaker of the House John Boehner said: “The NLRB’s ambush election rule is an assault on the rights and privacy protections of American workers. With his veto, the president has once again put the interests of his political allies ahead of the small business owners and hardworking Americans who create jobs and build a stronger economy.”

Sen. Lamar Alexander, chairman of the Senate’s Health, Education, Labor, and Pensions (HELP) Committee, said: “The NLRB’s new ambush election rule forces a union election in a little as 11 days—before an employer and most employees even have a chance to figure out what is going on. I’m disappointed the president wasted this opportunity to prevent the board’s rule from infringing on every employee’s right to privacy and every employer’s right to free speech.”

Rep Kline, chairman of the House Education and the Workforce Committee, said: "President Obama has decided to stand with his powerful friends in Big Labor, rather than America’s workers and job creators. With his veto, the president has endorsed an ambush election rule that will stifle employer free speech, cripple worker free choice, and jeopardize the privacy of working families. This fight isn’t over. Congress will continue to oppose this radical assault on workers and employers, and we will continue to demand a fair union election process.”

Sen Enzi, Chairman of the Senate Budget Committee, said: “It’s disappointing that President Obama chose to side with big labor over the rights of employees and employers, With this rule the National Labor Relations Board has taken it upon itself to impose new regulations that would hurt businesses and undermine a process that is already providing fair and timely elections. The NLRB needs to know that this rule is out of bounds.”

Rep. Roe, chairman of the House Subcommittee on Health, Employment, Labor and Pensions. said: "With this veto, President Obama has further proved his administration is more concerned with supporting union bosses than ensuring a fair and impartial process that respects workers’ privacy and right to make decisions that are best for them. For far too long, we've seen the Obama administration’s activist NLRB – which should ensure fair and transparent union elections – put the interests of labor unions before those of job creators and American workers. This latest rule is nothing more than an attempt to speed up union elections, violating the rights of workers to make an informed decision and employers to communicate openly with their employees during a union organizing campaign.”

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