New NLRB "Quickie" Election Rule Blocked

May, 2012


On May 14, 2012 the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board’s new "quickie” election rules that took effect on April 30 are not enforceable. The Court’s decision was based on the fact that the rules were passed by the Board without the three person quorum required under the National Labor Relations Act.

By eliminating a prior rule requiring at least 25 days between a union petition and election, the new rules were designed to shorten the time between these two events to an average of 21 days rather than the current 40 day average. This shortened timeframe would have greatly impeded the ability of employers to effectively respond to union campaigns and likely have resulted in an increase in unionization.

While this is good news for employers, it may only be temporary. When the rules passed in December 2011, the NLRB only had three members and one refused to participate in the vote, thus the required quorum was not met. The Board now has five members and it could appeal the decision or reissue the rules entirely with the intent of passing them with the required quorum.

Cascade will continue to keep you informed as more information becomes available. Of course, do not hesitate to contact us with any question you have.

 

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