Federal Legislative Action Alert – NLRB

DISCLAIMER: The following does not represent the position of the Wisconsin SHRM State Council. However, we felt it important to make you aware of National SHRM’s advocacy alert so you can take action if you choose.

YOUR ASSISTANCE IS NEEDED! The NLRB’s imbalanced “quick election” rule is scheduled to take effect on April 30, 2012. The congressional resolution to nullify the rule may considered by the U.S. Senate this week!

Please e-mail your U.S. Senators and Representative and either:

*thank them for co-sponsoring the Enzi/Gingrey Joint Resolution, or
*encourage them to do so!

Former HR professional and SHRM member, Sen. Mike Enzi (R-WY), and Rep. Phil Gingrey (R-GA), have introduced Senate Joint Resolution 36 and House Joint Resolution 103 in the Senate and House, respectively. If adopted by Congress, these joint resolutions would nullify the National Labor Relations Board’s (NLRB) new “quick election” rule, which will shorten the time employers have to respond to union petitions.

Please Take This Action:
Write your members of Congress using SHRM’s HRVoice program. This advocacy campaign is automatically tied to your legislators’ positions on each joint resolution. The version of the message you see will be a “please support” communication or “thank you,” based on the given legislator’s current position at the time you send the message. Please write your legislators by following these steps:

1. To write your member of the U.S. House, log onto the SHRM Advocacy Action Center by clicking HERE
2. To write your member of the U.S. Senate, log onto the SHRM Advocacy Action Center by clicking HERE
3. Personalize your message with your own story
4. Include your home mailing address.


The NLRB’s election case procedures rule, otherwise known as the “quick election” rule, was published on December 22, 2011. The rule intends to shorten the time employers have to respond to representation petitions to as few as 10 days. The quick election rule is scheduled to take effect on April 30, 2012.

Sen. Mike Enzi (R-WY), ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, and Rep. Phil Gingrey (R-GA), introduced a joint resolution that, if passed, would nullify the NLRB’s quick election rule. The joint resolutions are based on the Congressional Review Act of 1996 (CRA), which allows the Senate and House to consider a joint resolution of disapproval that features the full force of law to stop a federal agency from implementing a rule or regulation.


The joint resolution needs only a simple majority (51 votes) to pass the Senate, not the 60 votes it usually takes to defeat a Senate filibuster. If the resolution passes both the House and Senate and is not vetoed by President Obama, the quick election rule would be repealed.

SHRM Position

SHRM supports the Enzi/Gingrey joint resolution based on the belief that the quick election rule’s reduced timeframe is unnecessary. A recent NLRB annual report revealed that the median time from a representation petition to an election was 38 days in Fiscal Year 2011. This reasonable 38-day average period gives employees ample time to hear both the union and employer perspectives on collective bargaining prior to a representation election.

Should you have any questions regarding the Enzi/Gingrey joint resolution, please contact Michael Layman, SHRM’s Government Relations Senior Associate, at michael.layman@shrm.org.

If you encounter any problems with the advocacy site, please contact David Lusk, SHRM’s Senior Associate, Member Advocacy, at 703-535-6158.

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