Employment Law Report

Senate to Debate Resolution That Would Block NLRB’s New Election Rules Meant to Speed Up the Union Election Process

By Edwin S. Hopson

On April 20, 2012, Republican U.S. Senator  Mike Enzi of Wyoming, the ranking member on the Senate Health, Education, Labor and Pensions Committee, announced that it was expected that the full Senate on April 23 and 24 will debate S.J. Res 36, which seeks to invalidate the NLRB’s regulation that would speed up the union representation election process.  The NLRB’s proposed rule is scheduled to go into effect April 30, 2012. 

Under the Congressional Review Act, if the Senate and House pass a resolution of disapproval of a federal agency regulation, that action nullifies the regulation.  As to the Senate, the law provides that such resolutions are not subject to filibuster and need only a simple majority to pass.  According to a press release issued by Senator Enzi, 44 Republican members of the Senate are already supporting the resolution.  It would appear, that if the resolution passes the Senate, that the Republican-dominated House of Representatives would also pass the resolution.