The National Labor Relations Board (NLRB) is continuing to pursue the agenda of administrative labor law reform that Congress failed to achieve when efforts to enact the Employee Free Choice Act (EFCA) were unsuccessful back in 2009.

In light of the upcoming expiration of Member Becker’s recess appointment on December 31, 2011, which will reduce the Board to only two members, rendering it unable to act due to a lack of a quorum, the two Democratic appointees have voted to adopt new rules that will speed up the union election process. Specifically, the pertinent part of the rule proposals adopted yesterday provides...