Wednesday, May 16, 2012

Update: NLRB Puts New Election Rules on Hold

Just yesterday, I blogged about a recent D.C. District Court opinion striking down the NLRB's new election rule as invalid. The Court held that a 2-0 vote from a 3-member NLRB did not constitute the required 3-member quorum. Now, the NLRB announced that it has "temporarily suspended" implementation of the rule.

What about petitions that were already filed under the new rule?
About 150 election petitions were filed under the new procedures. Many of those petitions resulted in election agreements, while several have gone to hearing. All parties involved in the 150 cases will be contacted and given the opportunity to continue processing the case from its current posture rather than re-initiating the case under the prior procedure.
As for the future of the rule . . . I suspect the current NLRB has three votes in favor of the new rules (and three votes would be both a majority and a quorum). In theory, the NLRB could just re-pass the rule. Of course, there's still that little issue about the validity of President Obama's recess appointments.

The battle rages on . . . .

Image: NLRB logo used in commentary on NLRB. Not official use.