As expected, the House of Representatives voted 232-186 in favor of a joint resolution of disapproval (S.J. Res. 8) seeking to prevent enforcement of the National Labor Relations Board's "quickie" election rule, effective April 14, 2015. The measure was submitted under the Congressional Review Act (CRA), which allows the House or Senate to vote in favor of nullifying federal agency rules by a simple majority vote. The House action comes after the Senate voted to approve the resolution on March 4. The last and only time the CRA was successfully used to block a regulation was in 2001 to void the Department of Labor's contentious ergonomics rule.
On passage of the joint resolution, House Education and the Workforce Committee Chairman John Kline (R-MN) issued a statement saying: “The board’s ambush election rule will stifle employer free speech, cripple worker free choice, and jeopardize the privacy of workers and their families. The House and Senate have firmly rejected this radical scheme. I urge the president to put away his veto pen, and stand with workers and employers by supporting this important resolution." However, the President has vowed to veto it, thereby definitively taking a stand on the Board's rule.
Although lawsuits have been filed to challenge the election rule, the litigation may not be resolved before the rule is scheduled to take effect next month. Therefore, employers are advised to prepare for its implementation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.