On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held certain portions of the rule were unlawful because they failed to follow proper notice-and-comment rulemaking as required for substantive rules. The order remanded the entire set of rules to the NLRB to reconsider in light of the order.
Yesterday, the NLRB announced that effective immediately, it would implement all rules that were unaffected by the order. According to the NLRB’s press release, the following rule changes are now in effect:
The Board noted it planned on appealing the district court order. We will continue to monitor for appeals and other updates.
As we reported here, NLRB Regions are holding information sessions to discuss representation case changes. Information sessions are still scheduled for the coming days, and will likely discuss implementing the effective rules. Information on these sessions can be found on the “Latest News” section on NLRB.gov.