ARLINGTON, Va. - Yesterday the U.S. Senate failed to pass a joint resolution, S.J. Res. 36, that disapproved of the National Labor Relations Board??s (NLRB) ambush elections rule.

"This rule is basically a backdoor way to card check," said Carin Nersesian, NACS director of government relations. NACS opposes legislation that would replace secret ballot elections with "card check" election.

The Retail Industry Leaders Association (RILA) also expressed its dissatisfaction with the Senate??s failure to pass the resolution. "While we are disappointed with the outcome of today??s vote, we will continue to fight to overturn the NLRB??s ill-conceived decision," said Katherine Lugar, executive vice president, in a statement.

RILA noted that the ambush elections rule undermines due process and employee and employer rights, unfairly tilting election outcomes in favor of unions.

According to NLRB data, the average unionization election occurs 31 days after valid petitions are presented. The ambush election rule could shorten that period to as little as 10 days. Absent congressional actions, the ambush elections rule will take effect April 30.

These issues are particularly important in retail, where many among the executive ranks started their careers working on the floor of a store. Retailers encourage employees to learn about their business by working in multiple departments. They recognize the value of a workforce that is cross-trained and employees appreciate the variety in their day-to-day work activities. It is especially important in the current economy, when many are looking for additional shifts, which are more available when free movement between departments can take place.

The White House had indicated it would have vetoed any legislation that overturns this rule, saying it would "ensure that workers deciding if they wish to be represented by a union have a fair vote in a reasonable amount of time."

Read more about the legislation and NACS??s stance here.