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Chamber of Commerce et al v. NLRB (D.C. May 14, 2012)

Articles Discussing Case:

D.C. Federal District Court Overturns NLRB Quickie Election Rule; Leaves Questions for Employers May 15, 2012

Franczek Radelet P.C • May 16, 2012
Yesterday, the U.S. District Court for the District of Columbia issued a ruling on the U.S. Chamber of Commerce’s challenge to the National Labor Relations Board’s (NLRB) quickie election rule that technically took effect on April 30. District Judge James E. Boasberg handed the NLRB its second major defeat in the past two weeks. Holding that “the quorum requirement…is no trifle,” he ruled that the NLRB failed to approve the quickie election rule with a quorum, and that the new rule was therefore invalid.

D.C. Court Invalidates "Ambush Election" Rule

Ogletree Deakins • May 15, 2012
On May 14, 2012, in Chamber of Commerce et al v. NLRB, District Judge James E. Boasberg of the U.S. District Court for the District of Columbia enjoined the National Labor Relations Board's (NLRB) representation case rules (commonly referred to as the "quickie election" or "ambush election" rules) because of a lack of a quorum of three Members acting on the final rule. Citing the U.S. Supreme Court’s decision in New Process Steel, the court noted that: "At the end of the day, while the Court's decision may seem unduly technical, the quorum requirement, as the Supreme Court has made clear, is no trifle."
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