Manufacturers Fire Back on "Ambush Elections" Rule


The NAM is also fighting the rule through legislative means. We are advocating identical House and Senate Congressional Review Act resolutions (H.J. Res. 29 and S.J. Res. 8), which would carry a congressional disapproval of the rule from Capitol Hill to the President's desk. Although we expect the resolutions to pass both chambers, the President would have to sign the final version to overturn the rule—a welcome, though unlikely, outcome. Read the NAM's letter of support for the House resolution and our letter of support for the Senate resolution.

As the National Association of Manufacturers (NAM) and a coalition of trade associations proceed with their federal lawsuit against the National Labor Relations Board's (NLRB) "ambush elections" rule, the stakes are high—and the consequences are real. Such action would violate the National Labor Relations Act and the Administrative Procedure Act. Infringe upon employers' rights to free speech and due process. Unlawfully compel employers to provide personal information about their employees—including home addresses, telephone numbers, shift schedules, work locations and personal e-mail addresses—to unions. That's why the NAM and our Manufacturers' Center for Legal Action are committed to stopping the rule in the courts. The rule must be invalidated before employees and employers are injured due to this shortsighted policy.


March 6 » The NLRB filed its opposition to the NAM's motion for summary judgment.
March 25 » The NAM's reply and cross-opposition are due.
April 1 » The NLRB's cross-reply is due.


The "ambush elections" rule attacks employee privacy rights on four—count them, four—fronts, Forrest wrote in an op-ed for the National Law Journal. Just how egregious is the rule with respect to privacy? Under the rule: „

  • Employees have no say in whether their personal information can be disclosed; „
  • The union organizer has no substantive legal responsibility to safeguard and protect workers' sensitive information; „
  • There is no restriction on how the private information can be used; and „
  • Employees have no legal recourse to hold accountable an outside group that compromises this important private information.

How will the rule unleash employees' personal data?

GET THE FACTS: Read about the "Ambush Elections" rule in the January 2015 issue of Member Focus.

This article originally appeared in the March 2015 issue of Member Focus.

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