On the recordFebruary 6, 2020
Unnecessary delays in union representation elections enable employers to have more time to campaign against unions through lawful or unlawful means. Once the NLRB determines that an election should go forward, the details of the election must be settled expeditiously so employees understand their rights as quickly as possible. Employers engage in all kinds of tactics designed to scare employees out of supporting the union, from holding captive audience meetings, to issuing threats to specific employees. Unnecessary delays only provide more time for employers to undermine employees' free choice. The choice of whether to join a union belongs to the employee. The PRO Act prevents employers from interfering with employees' freedom of association. Moreover, the provisions of my amendment apply except under extraordinary circumstances. When the NLRB created this rule initially in 2014, it found the details of the election, included in the notice, would often be resolved either in a pre-election hearing or in an agreement between the union and the employer. If there is still an issue with the details of the election after the pre-election hearing, and at the time the regional director issues the direction of election, these would count as ``extraordinary circumstances.'' Minimizing these delays preserves employee free choice by ensuring that their vote is untainted by employer interference.…
