loader
Page is loading...
generic_insight_detail

Final nail in the coffin for quickie election rule?


In yesterday's Federal Register, the NLRB published a final rule notice officially rescinding the "quickie election" rules which were held to be invalid by the D.C. District Court in May 2012. As we previously have covered, the new rules made significant changes to the timing and procedure of union elections. The D.C. District Court held that the rules were invalid because the Board lacked a quorum when issuing the rules. The NLRB appealed that decision to the D.C. Circuit, but in a surprising move last month, voluntarily dismissed its appeal. As part of that dismissal, the NLRB was required to revert back to the prior version of the rules, which yesterday's Federal Register notice accomplished. While this seems to be the final demise of the quickie election rules, opponents of the rule shouldn't be too quick to declare this one a win. The reasoning of the D.C. District Court in holding the rules invalid was based on a procedural technicality, not the substance of the rules itself. Because of this, there is nothing stopping the NLRB from simply proposing the quickie election rules again and making sure it gets its procedure right this time. The NLRB has made no public comment on its future plans for rule-making in this area, so whether the quickie election rules survive to live another day is anyone's guess. See all of our previous coverage on this issue here.


LEAVE YOUR COMMENT

RELATED ARTICLES

NLRB Says Employers Can Change Arbitration Agreements After Being Sued

August 15, 2019 | Labor Relations, National Labor Relations Board

NLRB Reveals Proposed Regulations Revamping Election Procedures

August 9, 2019 | Labor Relations, National Labor Relations Board

Labor Board: Executive’s Comments Did Not Unlawfully Create the Impression of Surveillance

August 1, 2019 | Labor Relations, National Labor Relations Board

Shakeup at the NLRB

July 25, 2019 | Labor Relations, National Labor Relations Board

Court Overturns Suspension of Employee Refusing Work Due to Safety Concerns

July 9, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
Election Rules
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.