NLRB’s “quickie election” rule struck down
A federal judge has struck down the National Labor Relations Boards (NLRB) controversial quickie election rule.
May 16, 2012 at 06:38 AM
22 minute read
The original version of this story was published on Law.com
A federal judge has struck down the National Labor Relations Board's (NLRB) controversial “quickie election” rule.
The rule—which went into effect just two weeks ago when a district court rejected the U.S. Chamber of Commerce's request to issue a temporary injunction until after a final ruling on the election changes—shortened the time frame for union representation elections. The NLRB claims the shortened election cycle would minimize unnecessary litigation, but businesses contended that it gave unions an unfair advantage.
On Monday, in Chamber of Commerce v. NLRB, District of Columbia District Judge James Boasberg ruled that the “quickie election” rule is unenforceable because only two board members participated in the final vote to pass it. In December 2011, the then two Democratic NLRB members—Chairman Mark Pearce and Craig Becker—approved the election changes. In his decision, Boasberg said a minimum of three board members is required to participate in a final vote, and that “because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid.”
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