Scott Statement on NLRB’s Proposed Rollback of “Fair Election” Rule

WASHINGTON – Committee on Education and the Workforce Ranking Member Bobby Scott (VA-03) issued the following statement after the National Labor Relations Board (NLRB) announced that it will issue a Request for Information on whether to rescind its 2014 “Fair Election” Rule, which modernized the NLRB process for union representation elections.

“The National Labor Relations Board voted 3-2 to issue a Request for Information on whether to rescind or modify the 2014 Fair Election Rule. This Rule increased transparency, prevented frivolous pre-election litigation, and eliminated arbitrary delays used by employers to game the election process. Research shows that the longer an election is delayed, the more likely an unscrupulous employer is to engage in coercive tactics that chill support for the union. Every court where the Rule was challenged has rejected Republican arguments against the NLRB’s Rule, including the contention that the Rule would somehow ‘ambush’ employers.

“Remarkably, the three Republican Board Members offered no justification for soliciting input on rescinding the Fair Election Rule. Their Request for Information provided no data, no studies and no analysis about the Rule’s effectiveness. This action indicates an intent to appease employers who want every tool possible to defeat workers’ efforts to form a union, instead of ensuring the fairness of the union representation process.”

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