A federal court of appeals in New Orleans will hear arguments Thursday in a case challenging the National Labor Relations Board’s contentious union election rule.
The National Federation of Independent Business (NFIB) joined the Associated Builders and Contractors of Texas in appealing to the Fifth Circuit Federal Court of Appeals after a Texas judge upheld the rule that speeds up union elections by allowing employees to organize in fewer than two weeks. Previously, union had to wait an average of 38 days after filing a petition before holding an election.
The NFIB and other proponents have dubbed it the “ambush election” rule, arguing that it forces employers to hold election under a radically expedited timeline, giving union organizers an unfair advantage.
“Employers now have almost no time to seek legal counsel or communicate with their employees about the implications of unionization,” Karen Harned, executive director of the NFIB Small Business Legal Center, said in a news release. “Employees are also robbed of adequate time to consider both sides of the case for unionization.”
NFIB has vowed to take its case all the way to the Supreme Court.