AFL-CIO Asks Federal Court To Overturn New NLRB Election Rule

Jackson Lewis P.C.
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As expected, the nation’s largest labor organization, the AFL-CIO, has filed suit in the Washington, D.C., federal court to stay implementation of, and ultimately invalidate, the National Labor Relations Board’s (NLRB) expansive election rule amendments. The rule changes, scheduled for April 16, have been widely panned by labor advocates.

The suit primarily argues the NLRB rushed issuance of the new rule, mischaracterizing the amendments as simply “procedural” in nature to avoid the lengthy public notice-and-comment period required for “substantive” regulations.

The issue is legally murky, but the AFL-CIO has chosen a court with a track record favorable to their position.

We will continue to monitor developments and provide updates on this case.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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