Federal District Court Rules NLRB Too “Quick” In Voting On Election Rule Changes Allowing For Quickie Elections

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On Monday, May 14, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board’s rule changes that went into effect on April 30, 2012, and that provided for “quickie” union elections are invalid and unenforceable because the Board failed to have a three-member quorum for its final vote.

On December 22, 2011, the Board issued a final rule effectively expediting the union election process and limiting an employer’s opportunity to communicate with workers about union representation. However, Member Brian E. Hayes (R) did not vote or take any other action when the final vote to approve the rule was taken. The Court reasoned that Hayes’ non-participation meant that the required threeperson quorum did not exist when the final vote was taken.

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