The National Labor Relations Board has dropped its appeal of a district court judge’s decision to void the Board’s quickie election rule.
The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called “ambush” election rules case. The voluntary dismissal of the appeal effectively renders the Board’s previously promulgated election rules a dead letter. But this may be a case of one step backward, two steps forward, for the Board.
Last year, a federal district court judge found that the NLRB’s election rule was invalid. The NLRB appealed that ruling, and announced that it would delay implementation of the rule pending the outcome of the appeal.
The National Labor Relations Board’s appeal of a May 2012 order striking down its “quickie election” rule in Chamber of Commerce of the United States of America v. NLRB, Case No. 12-5250, remains pending in the U.S. Court of Appeals for the District of Columbia Circuit.
The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess appointments) in jeopardy.
The NLRB recently filed a Rule 59(e) motion to alter or amend the United States District Court for the District of Columbia’s May 14th judgment that the NLRB’s so called “Ambush Election” rule was invalid because, at the time the NLRB voted on the rule, it was not adopted by the statutorily required three-member quorum of NLRB Members.
On Friday District of Columbia District Court Judge James Boasberg issued an opinion reaffirming his ruling striking down the National Labor Relations Board’s “quickie election” rules in Chamber of Commerce of the United States of America v. NLRB, Civil Action No. 11-2262.
The National Labor Relations Board filed a Motion to Amend or Alter Judgment yesterday in Chamber of Commerce of the United States of America v NLRB, Civil Action No. 11-2262, where District of Columbia District Court Judge James Boasberg struck down the NLRB’s “quickie election” rules because the NLRB lacked a quorum when it passed the new rules. The motion also asks that the new election rules be reinstated pending final judgment.
It’s not often that a District Court Judge opens an opinion with a quote from Woody Allen, but given all the NLRB has gone through in the past months, it seemed fitting. On May 14th, Judge James Boasberg invalidated the NLRB’s rule which proposed to change the process of union elections in the workplace. The rule would have expedited these elections (typically about 38 days from start to finish), giving employers less time to “educate” employees on the benefits of not forming a union. This is a continuation of a seemingly endless stream of developments involving the NLRB, including a recent decision by the Court of Appeals for the District of Columbia to postpone a rule requiring employers to post a notice of employees’ rights.
The National Labor Relations Board’s recent attempt to change its union election rules has been halted by a federal district court in Washington, D.C. The Court ruled that the attempted changes were not valid because the vote to approve the rules occurred when the Board did not have a quorum (Chamber of Commerce v. NLRB, D.D.C., No. 11-cv-2262, 5/14/12).