On Dec. 21, 2011, the two Democratic members of the National Labor Relations Board (NLRB) handed labor unions a Christmas present—a package of representation election rules changes the board described as necessary to reduce unnecessary litigation, but that business interests decried as giving unions an unfair advantage by shortening the election time frame.
The action was not unexpected, as the board had voted 2-1 in November to authorize drafting of the rules changes, seeking to mitigate political opposition by moving forward with a package that was less onerous to management than a proposal unveiled six months earlier. Nonetheless, it provoked predictable outrage from Republicans on Capitol Hill and a legal challenge from the U.S. Chamber of Commerce.
