Tuesday, January 6, 2015

Management Coalition Challenges NLRB "Ambush" Election Rule

The NLRB recently published its final rule regarding changes to union election procedures. Now, a coalition of management-side organizations (including SHRM, Chamber of Commerce, and others) has filed a lawsuit against the NLRB.

You can read the Complaint here. The new rules are most commonly (in my experience anyway) referred to as "quickie election" rules. The plaintiffs have ratcheted up the rhetoric a little bit, labeling them "ambush" elections.

You can read the full complaint for yourself, but here's a recap of the claims:
  • Count I - The Final Rule Is Not in Accordance With the NLRA, Exceeds the Board’s Statutory Authority, and Violates the First and Fifth Amendments of the Constitution of the United States; and
  • Count II - The Board's Actions Are Arbitrary and Capricious.
The plaintiffs asked the District Court of D.C. to vacate the final rule and enjoin enforcement of the rule. 

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