NLRB Rule on Speedy Elections Struck Down By Federal District Court for Lack of a Quorum


In December, 2011, the National Labor Relations Board published a

Rule that amended the procedures for determining whether a majority of

employees wish to be represented by a labor organization for purposes of

collective bargaining. Among other things, the Rule eliminated pre-election

appeals as well as the Board’s former recommendation that elections not be

set sooner than 25 days after ordering an election. The Rule, which became

effective April 30, 2012, thus effectively shortened the time between the

filing of a petition and the holding of the election. Other parts of the rule

defined the scope of pre-elections hearings, limited post-hearing briefs, and

established standards for interlocutory appeals and post-election procedures.

Last month, a federal district court judge in South Carolina ruled that

the NLRB exceeded its regulatory authority in requiring a workplace posting

of employees’ union rights. In yet another blow to the Board, today a

federal district court judge in the District of Columbia overturned the

Board’s action on the ground that no quorum existed. The judge’s decision

was strictly on procedural grounds; he did not address the substantive

challenges to the law.

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