As we previously reported, the ambush election rules implemented by the National Labor Relations Board (“Board”) last year tilted the scales of union elections in labor’s favor by expediting the election process and eliminating many of the steps employers have relied upon to protect their rights and those of employees who may not want a... Continue Reading
NLRB “Quickie Election Rule” Upheld by Fifth Circuit On June 11, 2016, the United States Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s (the “NLRB’s” or the “Board’s”) regulations enacted last year, radically altering the traditional rules governing union elections. As we have discussed previously, the new regulations, which took effect on April 14, 2015, and are referred… Continue Reading

By:  Kyllan B.Kershaw, Esq.

Seyfarth Synopsis: The Fifth Circuit upheld the NLRB’s expedited union election rules on Friday, rejecting an appeal from construction-industry employers and small businesses

The U.S. Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s expedited election rules, rejecting an appeal by the Associated Builders and Contractors of Texas (“ABC”) and the Texas … Continue Reading

The post NLRB Expedited Election Rules Survive Fifth Circuit Appeal appeared first on Employer Labor Relations Blog.

NLRB Imposes Expansive (and Onerous) Requirements For Preparation of Voter List

As you may know, the National Labor Relations Board substantially revised the rules governing the union elections process, by which employees choose whether or not they wish to be represented by a union. The controversial revisions greatly sped up the process, with the effect that employer had less time to educate their employees about the... Continue Reading

The post NLRB Imposes Expansive (and Onerous) Requirements For Preparation of Voter List appeared first on The Labor & Employment Report.

Under the new expedited election rules implemented by the Board to facilitate union organizing, within two days of the scheduling of an election, the employer must provide the petitioning union: with an alphabetized list of the full names, work locations, shifts, job classifications, and contact information (including home addresses, available personal email addresses, and available home and… Continue Reading
A Quick Update on Speedy Election Rules (Hint: The Predictions Have Come True — Somewhat) The National Labor Relation Board’s new election procedures became effective April 14, 2015. You may recall that the new rules were largely designed to shorten significantly the time between a union’s filing of a petition for election and the voting. Businesses cried foul, worried that a shorter time period between the petition filing and the election … Continue reading this entry
Monday Morning Regulatory Review:  WOTUS Litigation IV; Cross-State / Transport Rule Remanded; Labor Elections Upheld Again

Litigation dominated regulatory affairs last week. Procedural posturing continued in the Waters of the United States (WOTUS) litigation while gaining some clarity and the Clean Air Act (CAA) “good neighbor” regulations returned to the Environmental Protection Agency (EPA) for further refinement. Litigants asked the courts to partially vacate and remand efficiency standards for walk-in refrigerators,... Continue Reading

The post Monday Morning Regulatory Review – 8/3/15: WOTUS Litigation IV; Cross-State / Transport Rule Remanded; Refrigeration Standards Settlement; Labor Elections Upheld Again; Tax Court Vacates IRS Rule & Clean Power Plan appeared first on Federal Regulations Advisor.

Chamber of Commerce’s Challenge to NLRB “Quickie Election Rule” Fails in District Court The National Labor Relations Board has won a second legal victory in connection with its “quickie” election rule. U.S. District Court Judge Amy Berman Jackson has rejected arguments raised by the U.S. Chamber of Commerce and other business groups seeking to invalidate the rule for exceeding the Board’s authority under the National Labor Relations Act … Continue Reading