Our View

From the Conference

Time to Stop President Obama's Ambush of Small Businesses

New Ambush Election Rule Is Harmful and Unnecessary

Apr 23 2012

Top-Line Points

  • President Obama's ambush election rule is just another example of a power grab that gives political favors to Big Labor at the expense of local job creators.
  • This overreaching regulation disproportionately hurts local small businesses by increasing uncertainty and driving up compliance costs.
  • The ambush election rule limits the ability of employers to communicate with workers, which would likely result in workers making uninformed decisions about whether to join a union.

The New Regulation Favors Big Labor Over Small Business

  • Under the new rule, union elections could occur just 10 days after an employer is notified.
  • This short time period restricts the employer's free speech rights and limits the employee's opportunity to hear both sides of the argument to unionize.
  • The new regulation is especially harmful to small business owners, who may need to quickly hire expensive legal counsel versed in the complex labor laws.

Ambush Elections Are a Political Solution in Search of a Problem

  • Unions already win more than 70 percent of union elections – a win rate that has greatly increased over the past 20 years.
  • The average union election only takes 38 days – well within NLRB's goal of 42 days.
  • Ninety-five percent of all elections conclude within two months.
  • Ambush elections will help bolster declining union membership and fill union coffers that ultimately benefit President Obama and congressional Democrats, not workers. 

With unemployment above 8 percent for 38 straight months, Obama's ambush election rule will only create more uncertainty in the labor market.