Outten & Golden: Empowering Employees in the Workplace

Appeals court upholds workers' right to a union vote without delays and stalling tactics

June 20th, 2016 | Laura Clawson

LauraClawsonA federal appeals court has upheld a National Labor Relations Board move modernizing and streamlining union representation elections. The rule, which business lobby groups like the American Builders and Contractors and the National Federation of Independent Business have tried to brand as “ambush elections,” cuts down the time employers have to fire and intimidate union supporters, and reduces the endless litigation employers would use to prevent workers’ voices from being heard. The case went before the Fifth Circuit Court of Appeals, one of the most conservative in the country, but the bosses still didn’t win:

In delivering the opinion of the court, Judge Edith Brown Clement said the “board acted rationally and in furtherance of its congressional mandate in adopting the rule.”

“Here, the board identified evidence that elections were being unnecessarily delayed by litigation and that certain rules had become outdated as a result of changes in technology,” she wrote.

“It conducted an exhaustive and lengthy review of the issues, evidence and testimony, responded to contrary arguments, and offered factual and legal support for its final conclusions.”

A previous lawsuit by the U.S. Chamber of Commerce and some of its allies had been dismissed. Congressional Republicans also tried to block the rule from going into effect, but President Obama vetoed that attempt.

This blog originally appeared at DailyKos.com on June13, 2016. Reprinted with permission. 

Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.

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