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.
The Fifth Circuit upheld the NLRB’s expedited union election rules on Friday, rejecting an appeal from construction-industry employers and small businesses.
The NLRB’s so-called “ambush” election rule turned one year old last month. To commemorate the birthday, I decided to turn to Susan Connelly, the Executive Director at PTI Labor Research, and prior contributor to this blog, to ask what she is seeing in the election data.
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.
NLRB Hearing Officer and Regional Director Impose More Burdensome Election Eligibility List Standards
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.
The National Labor Relation Board’s new election procedures became effective April 14, 2015.
Evidence continues to mount as to how much more quickly representation elections are being held since the National Labor Relations Board’s (“NLRB” or “Board”) Amended Representation Election Rules that took effect on April 14, 2015.
There’s an old saying that “once is chance, twice is coincidence, and the third time is a pattern.” Now that Vice is starting negotiations with the Writers Guild to represent Vice editorial’s newly formed union, it’s safe to say that there’s a pattern forming.
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, putting aside controversial issues for now.
The National Labor Relations Board has won a second legal victory in connection with its “quickie” election rule.