formal comments to the Board's proposed rule. - SEIU
formal comments to the Board's proposed rule. - SEIU
formal comments to the Board's proposed rule. - SEIU
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The Administrative Procedure Act exempts certain categories of <strong>rule</strong>s generally from notice-and-<br />
comment <strong>rule</strong>making requirements. Public comment is not required when an agency promulgates “<strong>rule</strong>s<br />
of ... procedure or practice.”<br />
34 The National Labor Relations Act itself does not require a showing of<br />
interest <strong>to</strong> accompany a petition for election, and thus does not address authorization card (or any<br />
requirement of handwritten signatures). Instead, <strong>the</strong> NLRB has imposed a showing of interest<br />
requirement administratively, and its Rules and Regulations and Statements of Procedure do not<br />
explicitly state that a union authorization card need include a hand-written signature. Section 101.17<br />
only states that evidence of representation “is usually in <strong>the</strong> form of cards, which must be dated,<br />
authorizing <strong>the</strong> labor organization <strong>to</strong> represent <strong>the</strong> employees or authorizing <strong>the</strong> petitioner <strong>to</strong> file a<br />
decertification petition.” Therefore, <strong>the</strong> Board should simply amend its Rules and Regulations and<br />
Statements of Procedure <strong>to</strong> specify methods of accepting and au<strong>the</strong>nticating electronic signatures <strong>to</strong><br />
support a showing of interest without going through <strong>the</strong> APA’s notice-and-comment <strong>rule</strong>making<br />
process.<br />
VII. Conclusion<br />
In conclusion, <strong>the</strong> <strong>proposed</strong> <strong>rule</strong>making is a modest first step in reforming a broken system that<br />
is currently tilted heavily in favor of employers. As it now stands, most workers who want <strong>to</strong> form a<br />
union will never get <strong>the</strong> chance. By protecting workers’ ability <strong>to</strong> participate in a fair and meaningful<br />
election and vote on <strong>the</strong>ir own futures, <strong>the</strong> NLRB is taking action <strong>to</strong> begin <strong>to</strong> res<strong>to</strong>re basic rights we’ve<br />
held dear in this country for decades. We hope <strong>the</strong> Board considers additional regulations <strong>to</strong> address <strong>the</strong><br />
many o<strong>the</strong>r problems in <strong>the</strong> NLRB election system.<br />
We encourage <strong>the</strong> Board <strong>to</strong> issue <strong>the</strong> <strong>proposed</strong> regulations as final regulations, with <strong>the</strong><br />
improvements discussed above, as quickly as possible.<br />
Respectfully Submitted,<br />
Mary Kay Hen Eliseo Medina<br />
President Secretary Treasurer<br />
134 usc §553(b)(3)(A).<br />
36