Hold On, Mr. President! Not So Fast With Those Quickie Elections

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The "quickie elections" rule of the National Labor Relations Board, which took effect on April 30, is on hold after a federal court ruled Monday that the Board lacked a quorum and had not effectively promulgated the rule.

Judge James E. Boasberg of the U.S. District Court for the District of Columbia held that the Board failed to comply with the three-member quorum requirement of the National Labor Relations Act when it took action late in December 2011 promulgating the final rule for fast-tracking elections. The only members who participated and voted were Chairman Mark Gaston Pearce and then-member Craig Becker, both Democrats. Although Republican Brian Hayes was a member, and received electronic notice of the proposed action, he did not vote or otherwise participate in the final action. Under the plain language of the NLRA and a 2010 Supreme Court decision interpreting it, a quorum of three members is needed for the Board to take action.

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Published In: Administrative Agency Updates, Business Organization Updates, Elections & Politics Updates, Labor & Employment Updates

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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