Court strikes down embattled NLRB’s ‘ambush election’ rule

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in Employment Law,Human Resources

by Harold P. Coxson Jr., Esq., Ogletree Deakins

In recent months, the National Labor Relations Board (NLRB) has been busy. So have courts that oversee its activities.

Two courts handed down employer-friendly decisions invalidating or at least delaying the implementation of new rules instituted by the NLRB. A recently appointed member of the board resigned. And the NLRB issued a report on social media.

‘Ambush elections’ invalidated

On May 14, 2012, in Chamber of Commerce et al. v. NLRB, the U.S. District Court for the District of Columbia ruled that the NLRB could not implement rules that would have substantially sped up the process for holding union elections. (See "Not so fast! Court slams brakes on 'quickie' union elections" for details.) The reason: The board lacked a quorum of three members when it acted on the final rule.

Citing the U.S. Supreme Court’s 2010 decision in New Process Steel—another case that struck down N...(register to read more)

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