Josh Goldstein in AFL-CIO Media Outreach clearly describes what the proposed National Labor Relations Board (NLRB) rules would and wouldn’t do.

Three Things the NLRB’s Proposed Rule Does…

1. This rule DOES cut back on opportunities for delay during the NLRB hearing process, closing the loopholes businesses have exploited for decades. The current lengthy and protracted election process sacrifices workers’ interests in having an election and, instead, incentivizes coercive and illegal activity from employers. During organizing campaigns, more than one-third of companies fire pro-union workers. According to a University of California- Berkeley study, the longer the election is delayed, the more likely the NLRB will charge employers with illegal misconduct. 
2. This  rule DOES cut back on unnecessary and costly litigation.  The current process rewards employers who use litigation to stall an election date, often pursuing claims which are irrelevant or found to be without merit. Research shows that these delay tactics work: When employers pursue litigation, elections occur an average of 124 days after the petition was filed.  By reducing choke points in the system, the rule will reduce frivolous, taxpayer-funded litigation.  
3. This rule DOES standardize procedures for the NLRB’s regional offices. The rule incorporates existing practices already being used in many NLRB regional offices and addresses inconsistencies in procedures, ensuring a clear, consistent process for all parties.

 …And 3 Things It Doesn’t.

1. The rule does NOT deny companies the opportunity to express their opinion about union representation. From the first day workers are hired, companies have full access and ample opportunity to make their views clear to workers. In fact, nearly half of charges of illegal conduct filed with the NLRB during organizing campaigns involve employer misconduct that took place before workers filed a petition. 
2. The rule does NOT require that elections be held within a specific time period. It simply makes the process fair by removing opportunities to delay the vote.  Delay is a tactic used to wear down and discourage employees who want to form a union. Employers and workers alike are entitled to a process that cannot be manipulated to gain unfair advantage and is clear, precise and efficient.  
3. This rule does NOT hurt our economy or stifle business. On the contrary, a fair, efficient and predictable process saves time and resources for companies, workers and the government.  And if workers decide to choose a union, the economy benefits. The Economic Policy Institute (EPI) estimates that if 5 million service workers were to join unions, approximately $34 billion in new wages would flow into the economy. Furthermore, unions help build successful partnerships between workers and corporations every day. At companies like AT&T and UPS, workers have formed partnerships with their employers to improve their lives, and these businesses continue to lead their industries.

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