Proskauer Labor-Management Relations Group Helps Weigh in on Controversial "Quickie" Representation Procedures, Impact to Employers
August 25, 2011 (Washington, DC) - The United States Chamber of Commerce, a client of law firm Proskauer, filed public comments on August 22 in reaction to a set of proposed rule changes that would speed up the union election process. The National Labor Relations Board held a two-day hearing on the proposed changes in July, where management-side lawyers urged the board to reconsider the proposal, asserting that the measure will minimize employer rights and decrease the high number of consent elections.
Former NLRB General Counsel, now Proskauer Labor-Management Relations Group Partner Ronald Meisburg, provided testimony during the July 18 hearing on behalf of the Chamber and was of counsel to the Chamber in the preparation and filing of its comments on the proposed rules. The comments are a thorough review of the legal, policy and practical implications of the Board's proposal, which the Chamber says "threatens to seriously undermine the rights of employers and employees... to engage in a free and open discussion on the issue of union representation and collective bargaining."
The Chamber argues that "The Board has stated that its rules are designed to reduce the time for the scheduling of an election to as little as 10 to 21 days....roughly cutting more than in half the median time of 38 days for holding elections under the current system. This is grossly unfair and threatens to deny the due process and free speech rights of employers and employees. Unions already win two-thirds of elections, and have months or even years of time to plan and organize the workforce before the employer may ever be aware of the campaign...."
Contributing to the importance of the debate is growing anticipation over what may happen once the labor board's membership drops to three seats on Saturday, August 27, when NRLB Chairman Wilma Liebman's term expires, which may set off a wave of changes politically and result in shifting priorities. The NLRB's public comment period for the changes ends on Tuesday, September 6.
Proskauer is home to one of the world's leading groups of labor relations practitioners, representing companies in every conceivable industry in all aspects of the labor-management relationship - from advising employers in union organizing situations from their beginning up to and including secret ballot elections to conducting collective bargaining negotiations, as well as handling grievances, arbitrations and other matters that arise in the course of contract administration. In February, Proskauer launched the Labor Relations Update blog, which serves as a resource for corporate counsel and employers into legislation, regulations and court decisions in this hot-button area.
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