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.
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