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House Committee Votes to Overturn Ambush Election Rule

NAA/NMHC congratulated the House Education and the Workforce Committee on June 29 for approving legislation to overturn the National Labor Relations Board’s (NLRB) so-called “ambush” election rule. The rule took effect in 2015 and shortens the period of time between a union filing a petition for election and the election itself to as few as two weeks – down from an average 38 days. This would deny multifamily employers due process rights and the ability to communicate with their employees before an election.

NAA/NMHC have long supported efforts to overturn the rule. In June, the House Education and the Workforce Committee approved by a vote of 22-16 to rectify the rule. The Workforce Democracy and Fairness Act would require at least 35 days between the filing of a petition to establish a union and an election. It would also provide employers at least 14 days to prepare for a pre-election hearing before the NLRB to resolve election issues.

Given Committee approval, the Workforce Democracy and Fairness Act is now ready for consideration by the full House of Representatives. No date for action has yet been scheduled. Meanwhile, On the Senate side, Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-TN) recently introduced legislation with similar provisions.

NAA/NMHC strongly support the legislation introduced in both chambers and will be monitoring further legislative action. These bills would restore balance to the union election process and ensure that apartment firms have sufficient time to communicate with and fully inform employees prior to an election.

Provided by NMHC as part of the NAA/NMHC Joint Legislative Program