NLRB Election Rule Under Fire

Sherman & Howard L.L.C.
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On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management jointly filed a federal lawsuit to strike down the National Labor Relations Board’s re-issued “ambush” Election Rule. (NLRB Modernizes Procedures) The Chamber and CDW successfully challenged the 2011 version of the Rule, arguing that the NLRB lacked a quorum at that time. The new law suit attacks the substance of the Rule. The groups contend, among other things, that the virtual elimination of the pre-election hearing violates the National Labor Relations Act and deprives employers of Constitutional due process. They also argue that the Rule eliminates employer speech, protected by the Act, and that the issuance of the Rule is “arbitrary and capricious,” in violation of the Administrative Procedure Act. The suit requests that the Court enjoin the NLRB from implementing the Rule. Currently, the Rule is scheduled to go into effect on April 14th.

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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