Tag Archives: National Labor Relation Board

NLRB’s Ambush (Quickie) Election Rule No Longer in Effect (for now…)

As we previously reported in our blog, the NLRB’s ambush (aka “quickie”) election rule went into effect on April 30, 2012.  The rule sought to dramatically shorten the time frame in which a union representation election will take place. In short, the rule limited the issues employers could raise in the pre-election process (i.e. determining which employees are considered supervisors, and which employees constitute an appropriate bargaining “unit” would no longer be permitted before the election took place) and significantly diminished employers’ ability to appeal unfavorable decision-making at the local board level. The net effect forced employers to counter union organizing campaigns in 14-21 days versus the previously set time frame of approximately 42 days. 

Yesterday, May 14, 2012, a U.S. District Court ruled that the NLRB’s Ambush Election Rule is invalid and no longer in effect because no proper quorum of members existed when the rule was voted on and passed.  U.S. Chamber of Commerce et. al. v. NLRB (D.C. Cir. 1:11-cv-02262). 

Effective immediately, NLRB election procedures revert back to how they had been prior to this April 30, 2012 rule making, which means employers can expect an approximate 42 day window before an election, as opposed to 14-21 days.  We expect the NLRB will likely appeal this decision. 

SmithAmundsen’s Labor & Employment Practice Group recently received one of the first quickie election petitions in the United States, and the new rule was indeed decidedly working against employers.  Unfortunately, this issue isn’t quite over… but this is a significant victory for employers who prefer to remain union free in whole or in part.  As always, more detail will follow as new developments arise.

NLRB Blocked from Requiring Employers to Post “Employee Rights” Poster!

Contributed by Jon Hoag

The U.S. Court of Appeals for the District of Columbia ordered an emergency injunction to prevent the NLRB from issuing a rule requiring employers to post a notice about collective bargaining rights.  The rule was to go into effect April 30th and now will be delayed until the appeal is decided.

In related news, last Friday, a federal district court in South Carolina decided that the NLRB went beyond its legal authority when issuing the poster rule.  The appellate court noted the South Carolina decision when it issued today’s injunction.  The South Carolina decision raised questions about whether the NLRB would stick with its April 30, 2012 posting deadline, but now employers have clear direction that no posting is required until the District of Columbia matter is resolved.

Read our previous post on this subject:

https://laborandemploymentlawupdate.com/2012/03/05/federal-court-allows-new-labor-poster-requirement-to-go-into-effect-april-30-2012/