On July 19, Jay P. Krupin, Epstein Becker Green's National Labor Steering Committee Chair, testified before the National Labor Relations Board (NLRB) as to why its proposed changes to union election procedures are not appropriate for employers. The hearing — a first for the NLRB — signified the significance of the proposal.

The proposed rule changes to reform pre- and post-election representation case procedures, released by the NLRB on June 21, 2011, would modify the process of union elections, in part by deferring litigation over voter eligibility issues until after elections are held. They would drastically affect employers with their response and internal procedures for handling union organizing in their work place.

Mr. Krupin testified on behalf of the National Grocers Association, arguing that the proposal to shorten the timeframe between filing for an election and the election itself would affect employees' ability to make informed decisions, and that the "blatantly pro-labor" posture would encourage more rancor between unions and employers. He also argued that the NLRB was abusing its authority in making changes to labor law, noting that Congress — which considered but did not act on changes a year ago — was the proper forum.

"It is instructive that one side in the long-running labor/management struggles is thrilled with the proposals while the other is threatened," Krupin said. "In order to carry the perception of legitimacy, the ground rules of the game must be fair. They must not have the whiff of biased motivation behind them. That is not the case here."

For a video of Mr. Krupin's testimony, click on the image below. If the video does not play, visit YouTube.

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