The National Labor Relations Board’s ambush election final rule goes into effect tomorrow, April 14, 2015.* Under the final rule, the amount of time between when a union files a representation petition and an election takes place will be dramatically reduced from the current average of 38 days. The shortened time period for union elections will place a premium on rapid response by employers to union organizing activity.


Employers are encouraged to speak with their labor counsel now about putting in place a rapid response plan for management because they may not get a second chance to prepare for sudden union organizing activity.


ABC National has put together a Rapid Response Toolkit to Union Organizing which contains materials that are intended to help construction industry employers deal with the most common questions and issues relating to union organizing. The toolkit is for ABC members and can be found on ABC National’s website (login required) at The toolkit is password protected, ABC members should email and include their name, company, and ABC chapter to obtain login information.


*The ambush election final rule is scheduled to take effect April 14, 2015, unless a court blocks enforcement of the new rule. On Jan. 13, 2015, ABC of Texas and the Central Texas Chapter of ABC filed a joint lawsuit with the National Federation of Independent Business (NFIB) Texas challenging the final rule. The legal challenge was filed in the U.S. District Court for the Western District of Texas. A motion for summary judgment was filed on Feb. 9, 2015. ABC National will continue to keep chapters and members updated about the status of the legal challenge through Newsline.




This information is intended for informational purposes only, and does not constitute legal advice or opinion. This information does constitute advice to employers within the meaning of Section 203(c) of the Labor Management Reporting and Disclosure Act. None of the materials or information provided here constitutes direct or indirect persuasion of any employees of any employers, each of whom should make their own decisions on what to communicate to their employees on the subject of unions. More information on the NLRB’s new rule can be found at NLRB’s website. ABC recommends that employers consult with experienced legal counsel in the event of an organizing campaign.