The National Automobile Dealers Association reiterated its stance against a rule made by the National Labor Relations Board late last year concerning union organization.

In December, the NLRB issued the “ambush” election rule, which shortens the time between when union organizers ask for a union election and when that election must take place. NADA explained the rule forces companies to allow these elections to occur as soon as 11 days after they're notified.

The association indicated the rule's new timeframe limits an employer's ability to communicate with employees prior to the election. The rule also requires employers to provide, within two business days of an election direction, employees' personal telephone numbers and email addresses. 

NADA opposed this rulemaking in a number of ways, through filing multiple sets of comments and its involvement with the Coalition for a Democratic Workplace (CDW).

CDW filed a lawsuit in the United States District Court for the District of Columbia to stop the implementation of this rule and coordinated multi-industry Senate and House letters in support of S.J. Res.8., which NADA signed.

S.J. Res. 8 is a joint resolution nullifying this rule through the use of the Congressional Review Act. In the letter, CDW called the current election timeframe “not only reasonable” but that it provides employees with “adequate” time to hear from both the union and the employer and make an informed decision, “which would not be possible under the ambush election rule.”

The group went on to state that, “In fact, in other situations involving important employment decisions, Congress requires that employees be given at least 45 days to review relevant information in order to make a ‘knowing and voluntary’ decision.”

This mandate is required under the Older Workers Benefit Protection Act under which employees can evaluate whether to sign an age discrimination release in the context of a program offered to a group or class of employees.

On March 4, the Senate approved S.J. Res. 8 by an almost party line vote of 53-46. The House is expected to take the measure up on Wednesday.

“For these reasons, we urge the House to immediately pass this much-needed resolution (S. J. Res. 8),” CDW said in that letter also signed by NADA. “If left unchecked, the actions of the NLRB will fuel economic uncertainty and have serious negative ramifications for millions of employers, U.S. workers they have hired or would like to hire, and consumers.

The president's advisers announced on March 3 that they will recommend a veto of the resolution. Congress would need a two-thirds majority to override a presidential veto.

“NADA believes that the current election timeframe is reasonable and allows employees to hear from both the union and the employer before making a decision,” association officials said. “The NLRB's rule upsets this balance by putting employers at a disadvantage.”

Dealers can contact NADA Legislative Affairs if interested in learning more about the upcoming vote in the House by sending an email to legislative@nada.org.