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Total Articles: 78

Union ‘Quickie Election’ Rule Survives Legal Challenge

A federal appeals court ruled that the NLRB’s “quickie election” rule is permissible and does not violate the law, meaning that employers will continue to have to live under the new and challenging regime that stacks the deck in unions’ favor. Although several business groups filed a lawsuit arguing that the rule should be stricken for a variety of reasons, the 5th Circuit Court of Appeals rejected the challenge and kept the rule intact. Employers would be best served to adjust to the new normal, as there do not appear to be any viable challenges to the rule on the horizon (Associated Builders and Contractors of Texas Inc. v. National Labor Relations Board).

NLRB General Counsel Proposes Severely Limiting Employers’ Right To Lawfully Withdraw Recognition from Unions

National Labor Relation Board General Counsel Richard F. Griffin has issued a Memorandum to NLRB Regional Directors, Officers-in-Charge, and Resident Officers proposing a dramatic change in Board law on whether, and under what circumstances, an employer may unilaterally withdraw recognition from a union representing its employees. Memorandum GC 16-03 (May 9, 2016).

Time Flies When You’re Having Fun: NLRB Further Reduces Time Employers Have to Educate Employees During Union Campaigns

On January 29, 2016, the National Labor Relations Board (NLRB) issued a decision in Guardsmark, LLC, 363 NLRB No. 103 (Jan. 29, 2016) moving the deadline for employers to hold captive audience meetings in mail ballot elections to 24 hours before the regional office mails the ballots. In so doing, the NLRB overruled a near-60 year-old precedent set in Oregon Washington Telephone Co., 123 NLRB 339 (March 24, 1959), which held that employers could hold captive audience meetings until the time the regional office mailed the ballots. This decision, coming on the heels of the NLRB’s recent “ambush” election rules, is another brick in the wall of the NLRB’s effort to limit the time employers have to speak to and educate their employees during a union organizing campaign.

NLRB Continues to Tweak its Election Procedures; Announces New “Captive Audience” Rule in Mail Ballot Cases

The National Labor Relations Board conducts representation elections by manual voting, where voters cast their ballots in a voting booth, by mail voting, where voters mail their ballots to an NLRB regional office, or a combination of manual and mail voting. In order to protect employee free choice in an election, the NLRB has developed rules governing when an employer may hold mandatory captive audience meetings among its employees before an election. In manual voting situations, the NLRB’s long-established rule, known as the Peerless Plywood rule, prohibits employers from conducting mandatory captive audience meetings within 24 hours of the start of the election. In mail ballot cases, the NLRB set out its rule in a 1959 case called Oregon Washington Telephone Co. There, the NLRB ruled that an employer was prohibited from holding captive audience meetings after an NLRB regional office was scheduled to mail ballots to eligible voters.

How Have Dealerships Fared In Fight Against Union "Quickie" Elections?

The National Labor Relations Board’s (NLRB) “quickie” election rules took effect on April 14, 2015, substantially expediting the union election process. Among other things, the new rules cut the time period between representation petition and election in half, and require employers to provide expedited disclosure of worker phone numbers, email addresses and other personal information to unions.

Labor Board Sets 24-Hour Ban on Meetings about Unions Prior to Mail Ballot Elections

The National Labor Relations Board has significantly changed its rule governing when “mass campaign meetings” with employees by the parties (employer or union) to an NLRB-conducted mail-ballot election may be held.

NLRB Regional Director Rejects Election Petition of Faculty at Religiously-Affiliated College

Colleges and universities contending that their tenured and tenure-track faculty are managerial employees who do not have the right to unionize or bargain collectively under the National Labor Relations Act should find reassurance in a recent National Labor Relations Board Regional Director’s decision declining to assert jurisdiction over a Catholic liberal arts college. Carroll College, Case 19-RC-165133 (Jan. 19, 2016).

Faster Votes, But Few More Union Wins - A Surprising Look at ‘Quickie Election’ Rules at Year-End

After several years of drafting, handwringing, and litigation, in April 2015, the National Labor Relations Board’s new expedited election rules became effective. The employer community held its collective breath as they were rolled out. These rules substantially shortened the pre-election period and imposed significant information disclosure obligations on employers. (For more on the rules, see our article, Preparing for Labor Board’s Quickie Election Rules.) Now, after several months’ experience, what have we learned?

NLRB "Quickie Election" Rule Providing A Big Boost To Unions

At the start of 2015, employers across the country were bracing for the National Labor Relations Board’s new “quickie election” rule. We warned that the new procedures would have a significant impact on union-organizing tactics and representation elections because they were designed to not only speed up union elections, but also provide other advantages to a union targeting a facility.

Quickie Election Rule Challenge To Be Heard By Fifth Circuit

A court challenge to the National Labor Relations Board’s “quickie” election rule will be heard by the United States Court of Appeals for the Fifth Circuit, in New Orleans, on February 29, 2016.

What is “Available” Voter Contact Information Under the Quickie Election Rule Remains Unclear for Now

The American Federation of Teachers Connecticut has withdrawn its petition to represent 866 full-time, part-time, and per-diem non-professional employees employed at Danbury Hospital. The move likely makes moot the employer’s appeal (Request for Review) of a National Labor Relations Board Regional Director’s ruling that the employer did not exercise “a reasonable amount of diligence” in its preparation of the voting list containing voters’ contact information. Danbury Hospital of the Western Connecticut Health Network, Case 01-RC-153086 (Oct. 16, 2015).

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact information

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal cell phone numbers for all eligible voters. Although “available” is not defined under the new rules, an employer found out the hard way what at least one NLRB Regional Director thinks it means.

NLRB Issues Guidelines on Use of Electronic Signatures in Representation Cases

As we reported earlier, on December 15, 2014, the National Labor Relations Board (NLRB) adopted a Final Rule that modified its processing of representation cases. See, 79 Fed. Reg. at 74308. As part of this rule, the NLRB determined that its regulations permitted the use of electronic signatures to support a showing of interest in representation proceedings.

Employer Ambushed by Labor Board’s New Election Rule

Much has been written about the National Labor Relations Board’s new “ambush” election rules. The rules are a one-two punch to employers: first, by substantially shortening the pre-election period; and, second, by imposing onerous information disclosure obligations. (For more on the rules, see our article, Preparing for Labor Board’s Quickie Election Rule.)

NLRB's General Counsel Skips Regulatory Process to Allow Unions to Use Electronic Signatures on Election Petitions

On September 1, 2015, the National Labor Relations Board's General Counsel issued a guidance memorandum on using electronic signatures to support a showing of interest related to a union petition. The General Counsel announced that its current regulations allow the Board to accept electronic signatures to support a union’s showing of interest for an election petition. As with all petitions, the union must provide evidence that at least 30 percent of the bargaining unit supports its petition before the Board will schedule an election.

Quickie Elections Just Got Quicker: Electronic Signatures Okayed to Support Union Petitions

The General Counsel of the National Labor Relations Board has decided to accept electronic signatures in support of a showing of interest, effective immediately.

Chamber of Commerce’s Challenge to NLRB “Quickie Election Rule” Fails in District Court

The National Labor Relations Board has won a second legal victory in connection with its “quickie” election rule.

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new rules governing NLRB representation election procedures. The new rules went into effect on April 14, 2015, and altered nearly every stage of the election process. Most significantly, the rules shortened the period of time between the filing of a representation petition and the date of the election. Before the new rules, the median time from petition to election was around 38 days. Now, recent data suggests that employers face a compressed average of 23 to 25 days from filing to election, drastically reducing the amount of time employers have to communicate with employees about unionization. This decision follows on the heels of a Texas district court’s June 1, 2015, decision in favor of the NLRB in a similar suit brought by the Associated Builders and Contractors of Taxes, Inc. and other plaintiffs. A summary of that decision can be found here.

The First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors

The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of the new rules yields some interesting information for retail and hospitality employers.

"Ambush" Election Challenge Fails in Federal Court

A federal judge in Texas recently ruled in favor of the National Labor Relations Board (NLRB) in a case challenging the Board’s “ambush” election rules. The lawsuit, Associated Builders and Contractors of Texas, Inc. v. National Labor Relations Board, No. 1:15-cv-00026 (June 1, 2015), was filed by a trade association and a small business advocacy organization. The plaintiffs claimed that the ambush election rule would harm their members and infringe their members’ rights under the National Labor Relations Act (NLRA).

Quickie NLRB Elections Look Like They Are Here To Stay

There were two major court challenges filed to stop the NLRB from moving forward with its quickie election rules. Developments in both of those cases indicate that the court system is unlikely to reverse the rules. Last month, the Western District Court of Texas threw out the lawsuit filed by the NFIB and Associated Buidling Contractors challenging the rules on privacy and free speech grounds. Although the lawsuit filed by United States Chamber of Commerce, SHRM and other groups is still pending, the District Court for the District of Columbia refused the request of the plaintiff's to issue a temporary restraining order, indicating that it does not view the claims favorably.

NLRB's "Quickie Election" Rules Survive Court Challenge

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 Act (APA). While only a first step in a long legal battle over the “ambush” or “quickie election” rules, the NLRB’s victory means that for now employers will be subject to the rules when labor unions file election petitions.

Texas Federal Court Upholds Legality of NLRB Election Rule

In a closely watched case, Associated Builders and Contractors of Texas, Inc., et al v. NLRB,* a federal district court judge in Texas has dismissed one of the two lawsuits filed earlier this year against the National Labor Relations Board seeking to invalidate the agency's new "ambush" election rule. The court ruled against the NLRB on the issue of "ripeness," finding that enforcement of the rule is sufficiently “likely, concrete and imminent” to allow the court to rule on its merits. The court then upheld the merits of the new rule and granted final judgment in favor of the NLRB.

How the NLRB's New Election Rules Impact Employers (Podcast)

The National Labor Relations Board has significantly sped up its longstanding union election procedures with its recent rules changes. Los Angeles management-side attorney Mark Theodore discusses the many ramifications for employers.

How Retailers Are Responding to the New "Ambush Election" Rules With Employee Engagement Strategies

On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond.

The New Union Election Rules

On April 14, 2015, the National Labor Relations Board’s much anticipated Representation Case Procedures went into effect. Dubbed by many as “quickie” or “ambush” election rules, the new procedures include changes in the way a union election petition is to be filed, the information that must be submitted with the petition, the responsive information that must be provided by the employer, and the hearing procedures. Most important, however, is the new reality that once a petition is filed, elections will now be scheduled very quickly. It is anticipated that elections will be mandated by the Board approximately three weeks after a petition has been filed. The shortened time frame gives an employer a very limited amount of time prior to the vote to relay information to employees regarding the disadvantages of union representation, the union in question, and employee rights.

Quickie Election Procedures and Timeline Takes Effect on April 14, 2015

This is just a quick reminder that effective today all NLRB elections will be conducted under the new election rules. These rules call for substantially shorter election periods (from the time of the election petition until the actual voting), electronic notice provisions, union rights to employee email addresses and other contact information, and many other changes. The NLRB has published a good summary of the new rules in their fact sheet. Given these new rules, if your organization is worried about union activity or organization, you must act immediately upon notice of any organizing activity to make sure you have sufficient time to react and present your views and position to your employees. With elections now proceeding on 3 week time frames (from petition to voting) and with a significant amount of work to be done with the NLRB during that time, waiting until an election petition is received will no longer be an effective strategy.

Are You Ready? NLRB Ambush Election Rule Effective Today

Today, the National Labor Relation Board’s new “quickie” or “ambush” election rule takes effect and alters nearly every stage of the Board’s representation election procedures. Although legal challenges to the rule are pending in two federal district courts, for now, the rule is in effect and the NLRB will apply it to petitions filed today or any time thereafter.

NLRB's "Ambush Election" Rules Take Effect

As we previously reported, the National Labor Relations Board (NLRB, or Board) adopted a final rule amending its representation–case procedures that will shift the litigation of most disputes until after the election, speeding up elections and limiting the opportunity for an employer to run an effective campaign. Due to the condensed timeframe between receipt of a Notice of Petition from the NLRB and the date of an election, these amendments are referred to as the NLRB’s “ambush election” rules. Despite both houses of Congress voting overwhelmingly to block these amendments from taking effect, thanks to a presidential veto the NLRB ambush election rules take effect Tuesday, April 14, 2015.

NLRB's "Ambush Election" Rules Take Effect

As we previously reported, the National Labor Relations Board (NLRB, or Board) adopted a final rule amending its representation–case procedures that will shift the litigation of most disputes until after the election, speeding up elections and limiting the opportunity for an employer to run an effective campaign. Due to the condensed timeframe between receipt of a Notice of Petition from the NLRB and the date of an election, these amendments are referred to as the NLRB’s “ambush election” rules. Despite both houses of Congress voting overwhelmingly to block these amendments from taking effect, thanks to a presidential veto the NLRB ambush election rules take effect Tuesday, April 14, 2015.

No Reprieve for Employers: President Obama Vetoes Congressional Resolution Halting Implementation of NLRB's Ambush Election Rule

Executive Summary: The National Labor Relations Board (NLRB or the "Board") is now poised to implement its new "ambush election" procedures on April 14, 2015 after President Obama vetoed a Congressional resolution yesterday, which had overturned the Board's controversial final rule changing the way it administers union representation elections. As discussed in our December 12, 2014 Legal Alert, the NLRB's new rule dramatically shortens the time period between the filing of a petition for union representation and the holding of the election (from 40 days currently to as little as 15 days). The rule also substantially limits the opportunity for a pre-election evidentiary hearing on important issues such as the appropriate bargaining unit, supervisor determinations and individual voter eligibility.

Congress Has Spoken, Mr. President: No "Quickie" Union Elections

In the words of House Education and the Workforce Committee Chairman John Kline, R-MN, “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.”

Senate Votes to Block the NLRB’s “Ambush Elections” Final Rule

On March 4, 2015, by a vote of 53-46 the Senate passed joint resolution S.J. Res. 8 to halt the implementation of the NLRB’s Final Rule, adopted December 2014, regarding representation elections. Colloquially called the “Ambush Election” or “Quickie Election” rule, the Final Rule is scheduled to go into effect on April 14, 2015. The House’s Subcommittee on Health, Employment, Labor and Pensions held a hearing on related bill, H.J. Res. 29, on the same day as the Senate’s vote. It is likely that the Subcommittee will forward the House bill to the floor for a vote in the next several weeks. If H.J. Res. 29 passes, the joint resolution will be presented to President Obama for his signature or veto.

NEW FAST-TRACK UNION ELECTION PROCEDURES

The National Labor Relations Board is the federal agency responsible for administering the National Labor Relations Act, the law allowing unions to bargain collectively. The Board has issued new rules that will revamp union election procedures effective April 2015. The revisions are designed to accelerate the election process, which will make it easier for unions to prevail.

Prepare to be Ambushed

The quickie election or “ambush” rules that drastically reduce the time between the filing of the union representation petition and the election are now final and become effective April 14, 2015.

Employers Must Be Prepared for New NLRB Election Rules

The National Labor Relations Board (NLRB or Board) has adopted a final rule amending its representation-case procedures that will shift the litigation of most disputes until after the election, speeding up elections, and limiting the opportunity for an employer to run an effective campaign. The rule will take effect on April 14, 2015. This rule was approved by a vote of three in favor to two against: Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer voted to adopt the regulation while Board Members Philip A. Miscimarra and Harry I. Johnson III dissented, calling the new election rule “the Mount Everest of regulations: Massive in scale and unforgiving in its effect.”

eLABORate: NLRB's New Election Rule

On December 12, 2014 the National Labor Relations Board issued a final rule, 29 CFR §§ 101, 102, 103, which expedites the union election process and makes it more difficult for employers to defend against an election. The new rule shortens the time between the petition and the election, limits pre-election litigation, and provides employees with broader access to resources to organize themselves, at the employer’s expense.

NLRB Implements New “Ambush Election” Rules

On December 12, 2014, the National Labor Relations Board (NLRB) implemented a final rule amending the agency’s representation-case procedures. The long-anticipated “ambush election” rules, which govern the procedures for union representation elections, go into effect on April 14, 2015. The new rules arguably constitute the most sweeping regulatory change ever implemented by the Board.

NLRB Finalizes Quickie Election Rules for April Implementation

The National Labor Relations Board (NLRB) has finally implemented its long awaited “quickie election” rules, which will speed up union elections while requiring employers to turn over personal email addresses and telephone numbers. A substantially identical rule was issued by the Board three years ago, only to be struck down by a federal judge for lack of a voting quorum. With all five confirmed NLRB members voting, the 733-page final rule passed by a narrow margin along party lines. It seems that the holidays have come early for unions this year. Slated to take effect on April 14, 2015, the new procedures will have a profound impact on union organizing tactics and representation elections.

NLRB Issues "Ambush Election" Rules—Union Elections Now Likely to Occur in Less than 21 Days

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long- anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April 14, 2015 and arguably constitute the most sweeping regulatory change ever implemented by the Board.

Employers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun Elections

Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations occurring during the post-petition period may result in the nullification of an employer election victory. A recent case, Intertape Polymer Corp., 360 NLRB 114 (May 23, 2014), demonstrates that seemingly innocuous campaign conduct can have huge implications, even when employees vote overwhelmingly against union representation.

Ogletree Deakins’ Founding Shareholder Homer Deakins Presents Testimony to NLRB on Historic Election Rule Proposal

Over 50 speakers testified, some of them on multiple panels, during the National Labor Relations Board’s two-day public meeting on representation election (“R-Case”) procedures on April 10-11. The oral testimony was part of the notice of proposed rulemaking (NPRM) on the Board’s proposed revisions to its union representation election procedures, which employers refer to as the “ambush” election rules. The comment period for the rule expired on April 7, 2014.

NLRB Hearing Tomorrow on Election Rules

As previously discussed here, the NLRB recently announced that it is taking another shot at speeding up union elections.

NLRB Proposes Significant Overhaul of Rules Governing Union Elections

On February 5, 2014, the National Labor Relations Board (NLRB) announced its latest attempt to overhaul union election rules to make organizing faster and easier. The proposed rules are another attempt to push through changes that a federal court invalidated in May 2012 on procedural grounds.

Pro-Union “Quickie” Election Rule Returns

The “quickie election” or “ambush” election rule that would dramatically shorten the time period before a union representation election is held is back on the table. This rule was first introduced in 2011 by the National Labor Relations Board and struck down by the D.C. Circuit Court in 2012. This month, the newly-constituted Board issued a notice of proposed rulemaking reintroducing the rule as a way to “modernize” the election process, according to Board Chairman Mark Gaston Pearce.

Healthcare Legal Alert: The Full Quorum Strikes Back - NLRB's Ambush Election Rules Revived

Executive Summary: With a full quorum of Board members and a 3-to-2 political majority in the Democrats' favor, the National Labor Relations Board (NLRB) has resurrected proposed rule changes that would drastically affect future representation elections and hamstring an employer's ability to defend against a petitioning union.

NLRB (Again) Proposes Fast-Track Election Rules

In news that is certain to reignite fierce debates between employer and union groups, the NLRB announced today that it will take another shot at speeding up union elections.

NLRB Reissues “Quickie Election” Rule; Makes No Substantive Changes from Original 2011 Proposal

Today, the National Labor Relations Board announced that it was reissuing its “quickie election” rule in a new Notice of Proposed Rule Making. The Board previously issued this proposed rule back in June 2011, and a final, slimmed-down version was later struck down by federal courts for procedural reasons. Most importantly for employers, though, today’s release explains that the new rule is not the scaled back version, but is in substance “identical to the representation procedure changes first proposed in June of 2011.” Both Republican members dissented from the reissuance of the proposed rule.

NLRB Reissues “Ambush Election” Rules On Steroids

Today, the National Labor Relations Board (NLRB) announced its intention to reissue a Notice of Proposed Rulemaking (NPRM) for what has become known as the “ambush election” rules governing the procedures for union representation elections. Thus, once again the NLRB will pursue rulemaking to bring about “quickie” union elections, reducing the time available for employers to help employees obtain the information they need to make an informed decision about unionization, and making union representation campaigns far easier for unions to win. The NLRB said the full NPRM would appear in the February 6, 2014 Federal Register.

Is an “Ambush” The Best Way for Unions to Win Representation Elections?

The U.S. Department of Labor’s Bureau of Labor Statistics recently published the latest official statistics on union membership for 2013. The figures demonstrate just how far unions must grow in order to reverse the decades-long decline in union density as a percentage of eligible private sector workers.

NLRB Formally Rescinds Quickie Election Rule, Still Assessing Next Move

On the heels of its decision earlier this month to abandon its previously enjoined notice posting rule, last week the National Labor Relations Board (NLRB) formally rescinded its “quickie election” rule that we have covered in the past. A federal district court in Washington, D.C. had previously struck down the rule and the D.C. Circuit had held the NLRB’s appeal in abeyance while the Supreme Court considered the Noel Canning case involving challenges to the Obama administration’s recess appointments to the Board. After the D.C. Circuit postponed its decision, the NLRB dropped its appeal of the case.

NLRB Bails on Notice Posting Rule; May Reconsider “Quickie Election” Rule?

Earlier this week, the National Labor Relations Board issued a statement that it would no longer pursue its appeal of two federal court decisions striking down its “notice posting” rule.

NLRB Still Contemplating “Quickie” Union Election Rules

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation elections. The Board’s “quickie” election rules are widely viewed as favorable to unions because under these rules, employers would have less time between the filing of the union’s petition and the employees’ vote.

Oral Argument on Board’s “Quickie Election” Rule Delayed

The D.C. Circuit Court has decided, on its own motion, to delay oral argument on the National Labor Relations Board’s (“Board”) “quickie election rule,” a rule approved at the end of 2011, that speeds up the time between the filing of a petition for an election and the election itself.

NLRB’s “Quickie Elections” Rule Struck Down – But For How Long?

The National Labor Relations Board is not having much luck in court lately. Less than a month after a federal court blocked implementation of the NLRB’s mandatory workplace posting rule, Judge James E. Boasberg (an Obama appointee) of the United States District Court for the District of Columbia ruled that the “quickie elections” rule is invalid because it was promulgated without a quorum of NLRB members.

NLRB Suspends New Union Election Rules

The NLRB's new union election rules are temporarily suspended

U.S. District Court Invalidates NLRB's Controversial Final Rule Adopted Without Required Quorum

On May 14, 2012, the U.S. District Court for the District of Columbia set aside a controversial final rule of the National Labor Relations Board ("NLRB") that was designed to make it easier for unions to hold organizing elections. Chamber of Commerce of the United States of America, et al. v. NLRB, Case No. 11-02262 (D.D.C. May 14, 2012). The District Court invalidated the rule "because no quorum ever existed for the pivotal vote in question." The final rule would "amend[] the procedures for determining whether a majority of employees wish to be represented by a labor organization for purposes of collective bargaining." The plaintiffs sought to enjoin the NLRB from enforcing the final rule that was purportedly adopted electronically on December 16, 2011 by a quorum, asserting in relevant part that the signatures of two members did not constitute a quorum necessary to promulgate a final rule.

Court Strikes Down NLRB "Quickie Election" Rule

On May 14, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workforce dealt yet another blow to the National Labor Relations Board, securing summary judgment in their challenge of the NLRB's expedited-election rule. In striking down the rule, the U.S. District Court for the District of Columbia declined to rule on the merits of the case, choosing instead to focus upon the absence of a lawful quorum at the time of the rule's passage.

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

NLRB Enjoined, Again

Earlier it was the NLRB's posting regulations, see post here, which were enjoined. Today it's the regulations regarding the conduct of elections (sometimes referred to as the ambush election rule) which was the subject matter of yet another injunction.

D.C. Court Invalidates "Ambush Election" Rule

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."

NLRB Quickie Election Rule Now In Effect

On April 28, 2012, a federal judge with the U.S. District Court for the District of Columbia cleared the way for the National Labor Relations Board's expedited-election rule. It is effective today, Monday, April 30th.

D.C. District Court Refuses to Temporarily Enjoin NLRB’s Quickie Elections Rule; Will Rule by May 15, Prior to Any Elections

The National Labor Relations Board’s controversial new regulation designed to streamline and shorten the union representation election process goes into effect today. The U.S. Chamber of Commerce, the Coalition for a Democratic Workplace, and affiliated business groups failed over the weekend to secure a temporary injunction preventing the Board from implementing the rule beginning today.

Acting General Counsel Releases Guidelines on "Quickie Election" Rules Effective Monday, April 30

In a memorandum released today to all National Labor Relations Board (NLRB) Regional Directors, the Board's Acting General Counsel Lafe Solomon outlined the new procedures governing "quickie election" procedures that, barring a last minute court ruling, will go into effect on Monday, April 30. The new election rules will shorten the time between the filing of an NLRB representation petition and the conduct of a union representation election. We covered these rules in detail when the Board announced them controversially back in December 2011.

UNDERSTANDING THE NEW NLRB ELECTION PROCEDURES

The National Labor Relations Board is once again flexing its muscles to the detriment of the nation's employers. On December 21, 2011, the Board issued its final rule amending its union election procedures; it becomes effective April 30, 2012. The Board intends the new rule to "reduce unnecessary litigation and delays."

NLRB To Issue Scaled-Back Changes to Rules Governing Union Elections; Changes Expected to Lead to Quicker Elections

In June 2011, the National Labor Relations Board (NLRB) proposed new rules governing union elections under the National Labor Relations Act. The NLRB's proposed changes to its election procedures drew a tsunami of comments from the labor and business communities and led to a nasty public disagreement among NLRB members. Today, the NLRB announced that it will issue a scaled-down version of the hotly debated changes to its union election rules. The NLRB will officially publish the final version of the rules tomorrow and they will become effective on April 30, 2012.

NLRB Votes To Change Representation Election Proceedings

On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of revising representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote.

NLRB Moving Forward With New Election Rules

A union organizer's dream would consist of a "quickie" election in a gerrymandered unit comprised mostly of card signers. Having established such a beachhead, the union could then engage in an ongoing game of dominos, with one company department after another falling in line. In a recent decision (Specialty Healthcare) and a proposed rule change, the Democratic majority of the National Labor Relations Board (NLRB) has signaled its intention to fulfill the organizers' dream.

NLRB Chairman Issues Proposed Resolution on Election Rules In Advance of Today’s NLRB Meeting

As we have previously noted, the National Labor Relations Board (NLRB) has proposed to amend its rules and regulations governing the union election process. On November 18, the NLRB announced that it would consider whether to adopt portions of the proposed amendments at a meeting scheduled for today. The NLRB explained that it was moving forward on portions of the proposed rule in light of the possibility that it will lose a quorum when Member Becker’s recess appointment expires at the end of the current congressional session. These proceedings have given rise to a heated dispute among the NLRB, with both Member Hayes and Chairman Pearce publicly commenting about the draft rule and the rulemaking process.

NLRB Votes To Change Representation Election Proceedings

On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of changing representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote.

NLRB’s Proposed Rules Will Accelerate The Union Election Process

The NLRB intends to significantly accelerate the union election process, according to the proposed rules published today in the Federal Register. Most importantly, the proposed rules will shorten by more than half the time between the filing of an election petition and the election itself. Currently, the NLRB conducts union elections an average of 31 days after a petition is filed. Under the proposed rules, employers should expect the NLRB to conduct elections within 10 to 21 days after a petition is filed.

Labor Agencies Double-Team Business Community with Onerous Rules

The National Labor Relations Board (NLRB) and U.S. Department of Labor (DOL) have proposed new rules that shorten union election deadlines and expand reporting requirements. The proposed rules are designed to limit employer free speech with employees prior to a union representation election. Below are the key points regarding both rules.

Union Representation Elections On The Rise

Recently released statistics indicate that the number of representation elections conducted by the National Labor Relations Board (NLRB) in 2010 increased substantially from the previous year. The number of elections held increased from 1,321 in 2009 to 1,666 last year. Unions won 1,126 of those elections in 2010, an increase from 908 wins the prior year.

UAW Issues “Principles for Fair Union Elections”.

On January 3, 2011, the United Autoworkers (UAW) issued a set of “Principles for Fair Union Elections” as it prepares to launch an organizing campaign targeting employees who work at foreign-owned auto manufacturing plants in the United States. Realizing that the Employee Free Choice Act (EFCA) is not likely to become law anytime soon, the UAW developed the principles in an attempt to coerce these employers into agreeing to concessions that will make union organizing easier in much the same way that EFCA would have.

Is the NLRB Preparing to Conduct Elections in Five to Ten Days?

In a recent speech at Suffolk University Law School, National Labor Relations Board Member Mark Gaston Pearce commented that his agency needs to make the time getting to an election "as brief as possible." Of particular interest to Mr. Pearce was the election system used in Canada which gets employee voters to the polls in just five to ten days and puts off issues of voter eligibility until after the vote.

Employer Cannot Withdraw Recognition of Union During Protected Certification Year.

The 9th U.S. Circuit Court of appeals has held a Washington state medical center in violation of federal labor law for withdrawing recognition of a union during a protected certification period.

Hospitality Industry: Box Score (Union Elections)

August and September saw a big spike in union petitions at hospitality employers. Here are 17 we are aware of, all filed in the same two-month period.

NLRB Dramatically Changes Rules Regarding Union Recognition.

In a decision that overturns more than 40 years of precedent, the National Labor Relations Board announced yesterday that the "recognition bar," which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when that recognition is voluntary, based on a card check. Dana Corp.; Metaldyne Corp. 351 NLRB No. 28 (2007).