This is an official notice of the National Council of Investigation & Security Services representing the investigative and security professions for 40 years

 

Capitol
NCISS 
Regulatory Update
February 21, 2015
 

   

NLRB Ambush Rule -- 
On to Court!
FTC Investigation of Unfair State Licencsing Requirements
 

 

 REGULATORY UPDATE FOR NCISS MEMBERS

 Coalition of Business Groups Files Suit Against NLRB

 

On April 2, 2014, NCISS/Lobbyit filed comments with the National Labor Relations Board (NLRB) opposing their efforts to re-write labor laws to favor quick union organization votes.  At that time, NCISS told the NLRB (in part):

 

"As an association of security companies of modest size, employee/management relations are a primary concern to us, and a huge factor in our Members' success or failure.  Our Members endeavor to work as collaboratively as possible with our employees, and we do our utmost to ensure that our workplaces preserve an atmosphere of open and honest communication and negotiation.  We fear, however that the current proposed rule would upset this balance, allowing unrepresentative groups and individuals to promote employee activity that, while undertaken in the name of benefitting employees, would not allow sufficient time and/or process for a full airing of both costs and benefits. 

 

Moreover, we fear, inter alia, that disclosure requirements of employee contact information raises the alarming prospects of unwanted intrusions, potential security breaches, and almost certainly personal harassment.  In a time when data collection and data privacy are major concerns of Congress and the Administration, it seems counter-intuitive that the government would force the release of what could be construed as sensitive personal information. 

 

Ultimately, however, we are most concerned that a precipitous decision undertaken via the avenues provided by this proposed rule could prove ruinous to the business itself - a perverse and ridiculous result from a process ostensibly designed to benefit employees." 

 

Unfortunately, in late January, 2015, the NLRB went ahead with its plans, issuing a final rule which would, among other things:

  • Require that all pre-election hearings be set to begin within 8 days after a hearing notice is issued.
  • Mandate that employers file a "Statement of Position" by noon on the day before the hearing begins.  The Statement of Position must include a list of prospective voters with their names, job classifications, work shifts, and work locations.  
  • Provide Regional Directors with discretion to limit the scope of pre-election hearings, by excluding evidence on voter eligibility and delaying the resolution of those issues until after the election.
  • Require an employer to provide, within 2 business days of the election agreement or decision directing an election, employee personal telephone numbers and personal email addresses.
 Recently, however, The Coalition for a Democratic Workplace (CDW), the US Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation and the Society for Human Resource Management filed suit in federal district court in DC challenging the National Labor Relations Board's Ambush Elections rule. Jonathan Fritts, Chuck Cohen and Allyson Ho of Morgan Lewis represent the plaintiffs in this suit. The rule becomes effective April 14, 2015.  

Thank you for your attention to this important issue and, as always, stay tuned!

 

 

 

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Questions regarding federal bills, regulatory actions or any other legislative issue for the NCISS Legislation / Security Committee, please contact Brad Duffy
 
For issues or questions regarding NCISS Legislation / Investigation Committee, please contact Francie Koehler

                                                
          Brad Duffy                                                                                    Francie Koehler
                                                           
                                                                                Francie Koehler


  

 

                

                                                 ~~~~~~~~~~~~~~~~~~~~~  

 

National Council of Investigation and Security Services                                      
7501 Sparrows Point Boulevard

Baltimore, Maryland 21219-1927

T-(800) 445-8408  F-(410) 388-9746

www.nciss.org


 

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