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Dear Representative Kline,

On behalf of more than 1.8 million Americans for Prosperity activists in all  50 states, I commend you for introducing the Workforce  Democracy and Fairness Act, H.R. 3094.  Your bill ensures fair and impartial  union election procedures and eliminates the specter of “quickie” or “snap” elections, reminding the National Labor Relations Board (NLRB) that any credible  protection of workers’ rights includes the right to choose not to  unionize as well.

Under current law, if a union wants to attempt to organize employees for the  purposes of collective bargaining, they must hold an election refereed by the  NLRB. Ninety-five percent of union elections are held within 56 days after a  petition is filed, an eminently reasonable timeframe. Nevertheless, in June the Board proposed changes to current procedures that would  accelerate that process, move many important administrative issues and legal  challenges (including questions like “who is allowed to vote?”) to after the  election, and shorten the time from petition to election to as little as 10  days.

Even though current procedures function smoothly in the vast majority of  cases the Board claims changes are necessary. Why? Dissenting NLRB Member Brian Hayes has the best guess as to  the motive: “Make no mistake, the principal purpose for this radical  manipulation of our [union] election process is to minimize, or rather, to  effectively eviscerate an employer’s legitimate opportunity to express its views  about collective bargaining.”

When given time to consider all of the arguments, including those from their employer, workers frequently  reject union organizing campaigns. They do so because they realize collective  bargaining is bad for business, rarely delivers on its promises, and does not  advance workers’ interests effectively. President Obama’s NLRB appointees can’t  stomach this development, so now they’re changing the rules of the game in favor  of their Big Labor allies.

Streamlining regulatory procedures, eliminating frivolous litigation, and  utilizing modern information technology for official communication are all  laudable goals. But reform should never come at the expense of businesses’ ability to engage in constitutionally-protected free speech and debate or  undermine their ability to resolve legitimate legal concerns in impartial  proceedings. It also shouldn’t come at the expense of workers who feel empowered  enough to keep their employment decisions in their own hands.  Using these  updates as a ruse to rush through labor elections is completely  unacceptable.

Your bill recognizes this bad policy change and stops the NLRB’s mischief. It  ensures businesses’ due process rights are protected, allowing employers to  raise important legal concerns prior to the election, just as they have in the  past. It sets a minimum of 35 days between petition and election to give  employers plenty of time to respond to union claims, and plenty of time for  workers to formulate an opinion and make an informed choice. It gives clarity to  what constitutes a “bargaining unit,” doing away with the practice of forming “micro-unions” and subjecting workplaces to an endless barrage of union  elections.  Your bill also guarantees a review of post-hearing appeals, which  the NLRB seeks to do away with in many cases.

Furthermore, the NLRB wants to give union representatives access to workers’ personal information like e-mail addresses and phone numbers. Your bill rightly  corrects this ugly flaw and prevents an officially-sanctioned invasion of workers’ privacy.

Ensuring unions have access to workers and protecting workers’ rights is the  NLRB’s proper role. However, unionizing workplaces involves tradeoffs. It lowers  business efficiency and job creation; employers have a right to share that side  of the story in union organizing campaigns, and workers have a right to reject  unionization as well.

Americans for Prosperity is proud to support your  legislation.  I urge your colleagues to support its passage, and I look  forward to working with you in the future.

Sincerely,

James Valvo Director of Government Affairs Americans for  Prosperity