Suits Filed Against NLRB Over "Ambush Rule"

Document created by 1002043 on Jan 14, 2015Last modified by 1002043 on Mar 10, 2017
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As expected, a number of organizations have filed lawsuits against the National Labor Relations Board (NLRB) over the agency’s new “Ambush Rule”.   The National Association of Manufacturers (NAM), Society for Human Resources Management (SHRM), the US Chamber of Commerce, the Coalition for a Democratic Workplace and the National Retail Federation have all joined in on the fray. 


A common issue in these suits is the objection to shortening the time in which employers are required to hold NLRB supervised union elections to as little as 14 days after a union requests a vote (reported current average time is 42-45 days).  This shortened time period does not allow employers ample time to tell “their side of the story” thus robbing employees of their opportunity to be fully informed before they make a decision that could have a major impact on them and their families.


Other objections include the requirement of employers to provide unions with employees’ personal phone numbers and e-mail addresses, allowing electronic signatures on union authorization cards and concerns that it will be more difficult for employers to have disputes over voter eligibility resolved prior to elections.


CAI will keep you informed of further developments regarding this controversial rule.  To read the NLRB’s explanation of the new rule, go to