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4/14/15 – The Day the NLRB Killed Employers' Rights

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Frank T. Mamat
Foster Swift Employment, Labor & Benefits News
April 7, 2015

On December 12, 2014, the NLRB implemented its expected ambush election rules. These new rules go into effect on April 14, 2015. The main point of these rules would be to make it almost impossible for a non-union employer to successfully beat back a union organizing drive at its company. In essence, it would:

  1. reduce the time from the current 42 days to as little as 10 days between the filing of an election petition to actual holding of an election at your premises;
  2. probably remove all appeal rights of an employer who is unhappy about any decision the NLRB made;
  3. force employers to give out highly personal and confidential employee information to the union;
  4. make everything move very quickly because the NLRB would now allow electronic filing of documents as opposed to paper or fax.

The main purpose of these rules, was the Obama Administration's desire to help unions organize. It has been shown many times by many studies that the less time an employer has to prepare and defend against a surprise union organizing drive, the less likely the company will be successful in beating it back.

What's an employer to do? At Foster Swift, we have prepared a multi-level strategy to help employers weather the storm. It consists of three things;

  1. Supervisory Training as soon as possible to be prepared for and to lawfully deal with union activity on the premises;
  2. Develop a preliminary set of Campaign Themes that can be rolled out when and if the union hits your company; and
  3. Because under the new ambush election rules an employer will only have seven days to file his original mandatory position statement with the NLRB as to their legality of the union's organizer push, a Preliminary Outline would be prepared to enable the company and Foster Swift to move into action successfully within the first seven days of the union organizing attack.

For more information on how to get prepared and what to do before it's too late, you can contact Frank T. Mamat (, or 248-539-9919) or any other Foster Swift labor attorney.