News & Analysis as of

Administrative Procedure Act Union Elections

Epstein Becker & Green

D.C. Court of Appeals Scraps Substantive Changes from NLRB’s 2019 Final Rule on Election Procedures But Upholds Procedural Changes

Epstein Becker & Green on

On January 17, 2023, the U.S. Court of Appeals for the D.C. Circuit partially reversed and partially upheld a District Court decision that enjoined five rules promulgated by the National Labor Relations Board (“NLRB” or...more

Miles & Stockbridge P.C.

D.C. Circuit Strikes Down Some 2019 NLRB Election Rules

A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled earlier this month that the National Labor Relations Board violated the Administrative Procedure Act (APA) in 2019 by issuing certain rules...more

DirectEmployers Association

OFCCP Week In Review - January 2023 #4

Tuesday, January 17, 2023: U.S. Appellate Court for D.C. Circuit Blocked Key Aspects of Trump-Era NLRB Union Election Rule - Trump NLRB Should Have Sought Public Comment on 3 Key Changes, Court Majority Ruled - ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2023 #3

Union Membership Decreases. The percentage of workers who are union members dropped to 10.1 percent in 2022 from 10.3 percent in 2021, according to data released this week by the U.S. Bureau of Labor Statistics (BLS). In the...more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

Benesch on

On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Proskauer - Labor Relations Update

Federal Appeals Court Partially Affirms Elimination of NLRB Rule, Hitting Fast-Forward Button on Representation Elections

A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2021 #4

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

Jackson Lewis P.C.

Judge Rejects AFL-CIO Effort To Invalidate Entire Election Rule

Jackson Lewis P.C. on

The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.* The entire new rule was...more

Proskauer - Labor Relations Update

Update: Federal Judge Amends Prior Order Concerning 2019 Election Rules, Affording Deference to the NLRB, but Appeal to D.C....

In late May, on the eve of the effective date of the NLRB’s sweeping changes to the election process, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia held that certain of the new rules were...more

Stinson LLP

New NLRB Election Rules Partially Invalidated

Stinson LLP on

The National Labor Relations Board (NLRB) faces yet another road block to fully implementing its new election rules. The final rule, issued at the end of 2019, is set to restructure some of the more controversial...more

Parker Poe Adams & Bernstein LLP

Federal Judge Throws Out New Union Election Rules From the National Labor Relations Board

Last week, a federal district court granted summary judgment to the AFL-CIO in response to its challenge to new National Labor Relations Board regulations intended to slow the process for unionization elections. The rules...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration

In an abbreviated order issued on May 30, 2020, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) improperly implemented portions of the...more

Obermayer Rebmann Maxwell & Hippel LLP

“Labor Law Update: New Union Election Rules Partially Overturned by New Court Decision”

Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2019 #2

Supreme Return. The Supreme Court of the United States kicked off its 2019 term this week with a few blockbuster oral arguments. On October 9, 2019, the Court heard oral argument in three cases concerning whether gender...more

Dickinson Wright

NLRB Ambush Election Rule Withstands an Appeal

Dickinson Wright on

An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes...more

Franczek P.C.

NLRB’s “Quickie Election” Rules Survive Court Challenge

Franczek P.C. on

On Monday, a federal court in Texas rejected a challenge to the NLRB’s final rules regarding representation elections, finding the rules do not violate the National Labor Relations Act (NLRA) or the Administrative Procedures...more

Levenfeld Pearlstein, LLC

U.S. Chamber and Business Groups File Suit to Block New NLRB Election Rule

This week, the U.S. Chamber of Commerce and several business trade groups announced that they jointly filed a complaint in federal court against the National Labor Relations Board (NLRB), seeking to strike the Board’s new...more

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