NLRB’s New “Quickie” Election Rule Overturned for Now

Yesterday, a federal district court judge in the District of Columbia struck down the NLRB’s new rule amending its election case procedures that became effective on April 30, 2012, because no three-member NLRB quorum existed when the final vote on the rule was taken.

The court ruling stems from a lawsuit filed by the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace challenging the validity of the new rule.  The lawsuit contended that the rule was invalid on a number of grounds, but yesterday’s ruling striking the rule down addressed only the quorum issue.

You may remember that the NLRB proclaimed that the new rule will “reduce unnecessary litigation and delay” by speeding up the election process while also limiting the employer’s ability to challenge potential voter eligibility until after the election.  The new rule was seen by all as a big boost to organized labor.

For more information on what the rule changes, please see our earlier post at http://www.skoler-abbott.com/index.php?option=com_content&task=blogcategory&id=16&Itemid=80.

Today, the NLRB “temporarily suspended” the implementation of the rule.  According to an NLRB press release, the Board is reviewing the court decision and considering its response.  “We continue to believe that the amendments represent a significant improvement in our process and serve the public interest by eliminating unnecessary litigation,” Board Chairman Pierce said.  “We are determined to move forward.”

We will keep you posted on new developments.