[Excerpt] On behalf of the AFL-CIO, I urge you to vote against S.J.RES 36, a Resolution aimed at blocking a rule to update and modernize the procedures used by the National Labor Relations Board (NLRB) to supervise elections for workers who want to vote on whether to form a union

Samuel, William

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Labor Unions Key Workplace Documents 
4-11-2012 
Legislative Alert: S.J. RES 36 
William Samuel 
AFL-CIO 
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Legislative Alert: S.J. RES 36 
Abstract 
[Excerpt] On behalf of the AFL-CIO, I urge you to vote against S.J.RES 36, a Resolution aimed at blocking a 
rule to update and modernize the procedures used by the National Labor Relations Board (NLRB) to 
supervise elections for workers who want to vote on whether to form a union. 
Keywords 
AFL-CIO, Legislative Alert, S.J.RES 36, National Labor Relations Board, NLRB 
Comments 
Suggested Citation 
Samuel, W. (2012, April 11). Legislative Alert: S.J. RES 36. Washington, DC: AFL-CIO. 
Required Publisher Statement 
Copyright by the AFL-CIO. Document posted with special permission by the copyright holder. 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/laborunions/157 
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS 
8 1 5 S I X T E E N T H S T R E E T , N.W. RICHARD L THUMKA 
W A S H I N G T O N , D ,C , 2 0 O O 6 PRESIDENT 
LEGISLATIVE ALERT! 
(202) 637-5057 
ELIZABETH H. SHULER 
SECRETARY-TREASURER 
ARLENi HOLT BAKER 
EXECUTIVE VICE-PRESIDENT 
^^"
3
 April 11,2012 
Dear Senator: 
On behalf of the AFL-CIO, I urge you to vote against S.J.RES 36, a Resolution aimed at 
blocking a rule to update and modernize the procedures used by the National Labor Relations 
Board (NLRB) to supervise elections for workers who want to vote on whether to form a union. 
Workers who want to vote on whether to form a union deserve the right to vote without 
lengthy, drawn-out litigation and endless, unnecessary delays. Yet under current rules workers 
can be forced to wait months and even years before they are able to exercise their right to vote 
and then bargain for an enforceable contract with good wages and benefits. The NLRB's new 
rule eliminates many of the barriers workers now face by reducing current delays, eliminating 
frivolous and duplicative litigation, and ensuring that workers have a fair vote in a reasonable 
period of time. 
The NLRB's final election rule ensures uniformity, consistency, and fairness. It is an 
important step towards fixing a severely broken system. The new NLRB rule implements 
modest, commonsense solutions to address the fundamentally flawed and time-consuming 
procedures of the current system. It is aimed at avoiding litigation over frivolous issues, 
eliminating needlessly duplicative appeal procedures, and minimizing current opportunities to 
manipulate the process and stall the election. Workers should not be subjected to interminable 
delays for their rights to be honored. 
The new rule does not encourage or discourage unionization. It does not establish any 
timelines or deadlines for conducting NLRB-supervised elections or mandate that elections be 
conducted in any specific number of days; as under the current procedures, the timing of 
elections will vary from case to case. The new rule does not in any way change an employer's 
ability to communicate with workers during the election period or conduct mandatory meetings 
with workers. It applies equally to elections to form a union and to decertify an existing union. 
The National Labor Relations Act and Supreme Court precedent grant the Board specific, 
explicit authority to engage in rule-making for the purpose of establishing rules governing 
representation case proceedings, like those contained in the new election rule. The NLRB's rule-
making process that led to the adoption of this rule was comprehensive, thorough, inclusive, and 
transparent. Thousands of comments were received and considered and the NLRB held a public 
hearing for additional input. The new rule was approved in full compliance with the 
Administrative Procedures Act and other applicable statutes. It does not overturn any Board 
precedent; it does not reverse any prior Board decisions. 
The new NLRB role makes modest, sensible changes to bring balance to the election 
process. A vote against the Resolution will ensure that the rights of working people to achieve 
economic security are protected. 
Sincerel 
LY 
William Samuel, Director 
Government Affairs Department 


Legislative Alert: S.J. RES 36

[Excerpt] On behalf of the AFL-CIO, I urge you to vote against S.J.RES 36, a Resolution aimed at blocking a rule to update and modernize the procedures used by the National Labor Relations Board (NLRB) to supervise elections for workers who want to vote on whether to form a union.afl_cio_Legislative_Alert__NLRB_ResolutionOCR.pdf: 10 downloads, before Oct. 1, 2020

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Legislative Alert: S.J. RES 36

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