NSBA Submits Comments on NLRB Elections Rule

August 22, 2011

NSBA today submitted comments in opposition to the National Labor Relations Board (NLRB) proposed rule that would dramatically change the elections process. The proposal (RIN 3142-AA08) was released June 22 and comments are due today, Aug. 22. This rule would dramatically tilt the elections process against small-business owners in favor of large, organized labor.

In its comments, NSBA highlighted concerns over the process surrounding this rule as well as the rule itself. Concern over the limited timing provided to small businesses within which they had to read, understand and comment on the rule was raised, as was the fact that NLRB opted not to conduct Initial Regulatory Flexibility Analysis (IRFA), therefore likely failing to fully grasp the rule’s full impact on small business.

With regards to the rule itself, NSBA focused on the proposed rule’s effort to expedite the elections process from a median time of 38 days to as little as 10 days in certain cases. NSBA also raised concern over the disclosure of business and personal e-mail addresses and phone numbers of employees, and the optional deferrals of pre-election hearings.

NSBA’s comments cited the growing concern about regulations and the burdens they impose on small businesses, and use this very rule as a perfect example of why that concern is growing. NSBA urged the NLRB to withdraw the rule and more closely examine its impact on small business if it is to go forward.

Please click here to view the full comments.