N.G.A. Opposes NLRB Proposed Changes to Union Organizing Campaigns

The National Grocers Association (N.G.A.), in comments filed with the National Labor Relations Board (NLRB), opposed the proposed changes to shorten the time for union organizing campaigns. N.G.A.'s comments reinforced independent grocers' opposition to the proposed radical changes that would alter over 60 years of Board practice.

Peter J. Larkin, President and CEO of the National Grocers Association said, "The NLRB's proposed rule change that alters the long-standing balance between labor and management that has existed for over 60 years is profoundly troubling. The current rules have allowed both parties to operate in good faith and hold elections with a true secret ballot. Congress enacted the National Labor Relations Act and Congress should oversee any significant changes to how the Act is implemented. N.G.A. strongly urges the NLRB to withdraw these proposed changes."

N.G.A. opposes all of the proposed changes being made by the NLRB; however N.G.A.'s comments are specifically focused upon the dramatic reduction in the time period between the filing of the petition and the election. The current average of 31 days from the filing of a petition to the holding of an election is hardly unreasonable. By limiting the time in which an employer may express its views, the proposal plainly impairs an employer's right of free speech. Similarly, by restricting an employer's rights to express and disseminate its opinions, the proposal would also restrict an employee's rights to receive and make an informed decision based upon the information presented before casting their ballot.

On June 21, 2011, the NLRB issued highly anticipated proposed amendments to its existing rules and regulations governing elections. With organized labor unable to pass the Employee Free Choice Act (EFCA) in the previous Congress, the Board is now proposing changes to its rules to allow for "quickie" elections that could take place between 10 and 14 days after the filing of a petition. Today, union elections take an average of 31 days from the filing of a petition to the election and in recent years unions have won over two thirds or more of those elections. The anticipated result is that it will be considerably easier for unions to organize and win elections.