Wyatt Employment Law Report

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House Committee Passes Measure to Roll Back Several Recent Actions by the NLRB

 By Edwin S. Hopson

On October 26, 2011, the U.S. House Committee on Education and the Workforce passed the Workforce Democracy and Fairness Act (H.R. 3094), a measure intended to roll back a number of recent actions by the National Labor Relations Board (NLRB). Specifically, H.R. 3094 would:

●Provide employers at least 14 days to prepare their case to present before a NLRB election hearing officer and an opportunity to raise additional concerns throughout the hearing process up to the close of the hearing.

●Provide that no NLRB representation election will be held in less than 35 days after filing of the petition.

●Reinstates the traditional standard for determining which employees will be eligible to vote in the union election.

●Provides that once an election is directed, eligible voters in the election must select in writing what sort of personal contact information they want released to the petitioning union in addition to their name, i.e., telephone number, email address, or mailing address.

 The vote was 23 to 16.