On Jan. 9, ÀÏÅ£Ó°ÊÓfiled comments to the National Labor Relations Board in support of a that would implement three amendments to the representation election regulations under the National Labor Relations Act. Specifically, the Ìýincludes amendments to the NLRB’s blocking charge policy, voluntary recognition bar and Section 9(a) recognition in the construction industry.

In its comment letter, ÀÏÅ£Ó°ÊÓwrote:

ÀÏÅ£Ó°ÊÓstrongly supports the NLRB’s proposed changes to the three representation rules in the NPRM. In particular, ÀÏÅ£Ó°ÊÓapplauds the long overdue overruling of the Staunton Fuel decision, which purported to permit contract language alone to create a Section 9(a) bargaining relationship in the construction industry. Courts have repeatedly rejected the NLRB’s holding in Staunton Fuel, requiring instead that a Section 9(a) relationship can only be established upon a showing of actual evidence of union majority status. The NLRB’s proposed rule is consistent with this judicial authority and with longstanding principles of majority status under Section 9(a).

ÀÏÅ£Ó°ÊÓalso supports the NLRB’s proposed change to the blocking charge policies. ÀÏÅ£Ó°ÊÓagrees that the current blocking charge policy impedes, rather than protects, employee free choice. Finally, ÀÏÅ£Ó°ÊÓsupports the NLRB’s proposed modification to the immediate voluntary recognition bar.

ÀÏÅ£Ó°ÊÓsupports the NLRB’s proposals contained in the NPRM, which are more consistent with the statutory policies of the NLRA than current NLRB rules on these subjects and better protect the Section 7 rights of employees.

Additionally, the ÀÏÅ£Ó°ÊÓled-Coalition for a Democratic Workplace submitted comments in support of the NLRB proposal.

ABC’s general counsel, Littler Mendelson P.C., published anÌýÌýwith more information on the .

ÀÏÅ£Ó°ÊÓwill continue to keep members informed of any developments about this proposal inÌý.