Associated Builders and Contractors (ABC) of Texas and the ABC Central Texas Chapter filed a joint lawsuit with the National Federation of Independent Business in Texas challenging the National Labor Relations Board’s (NLRB) “ambush election” final rule issued in December. The rule could allow unionization elections to take place within a week of when the employer becomes aware that an organizing campaign is under way. Under current law, on average, a vote occurs 38 days after an employer and its employees are made aware that an election will be happening.

In addition, the new rule eliminates employers’ ability to challenge assertions made by the union prior to the election and limits the evidence that can be used at NLRB hearings, as well as allows NLRB regional directors to defer most questions regarding which workers are eligible to vote until after the election.

The rule also will require employers to turn over all employee contact information, including private phone numbers and email addresses, regardless of whether the workers have authorized that disclosure.

ABC says the rule erodes workplace and privacy rights, and further demonstrates the board’s shift from neutral arbiter of labor law to cheerleader for big labor. The legal challenge was filed in the U.S. District Court for the Western District of Texas.