loader
Page is loading...
Print Logo Logo
generic_insight_detail

NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules


As we previously reported, a judge with the D.C. District Court invalidated the Board’s controversial “ambush” election rules last month on essentially a technicality, finding that the three-member Board did not establish a quorum prior to voting on the rules because Member Brian Hayes did not participate in the voting. The Board responded to that ruling this week arguing that Member Hayes was in fact present at the voting (which occurred electronically) because of his interactions with the Board’s internal electronic system on the day of the vote. The Board requested that the court reconsider its ruling in light of this fact and reinstate the rules until a final decision on their legality is issued.

The Board’s motion is an interesting look inside the voting and opinion-writing process of the NLRB and presents difficult questions of what it means to be “present” when voting takes place electronically. But like the court’s opinion, the Board’s motion concentrates only on the voting technicality and not the broader issue of the legality of the actual rules. The rules remain suspended for now, but it remains to be seen whether the D.C. District Court will be willing to look beyond the voting technicality and directly address the legality of the ambush rules.

The Board’s motion is available here.

See our previous coverage of this issue here.


RELATED ARTICLES

Federal Judge Says President Can Fire NLRB General Counsel

July 16, 2021 | Labor Relations, National Labor Relations Board

How Long Does It Take To Negotiate A Union Contract?

July 13, 2021 | Labor Relations, National Labor Relations Board, Union Organizing, Unions and Union Membership

Squeaky COVID Wheel Doesn’t Get the Grease

July 8, 2021 | Labor Relations, National Labor Relations Board

Supreme Court Favors Employer Property Rights Over Union Access To Employees

June 30, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Coming Soon to a Workforce Near You: The NLRB

June 22, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

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.