loader
Page is loading...
generic_insight_detail

D.C. District Court Throws Out Ambush Election Rules, Finds Board Lacked Quorum


District Court Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued an opinion this afternoon finding the NLRB's “ambush” election rules invalid because the Board did not have three members who cast a vote on whether to implement the rules when they were adopted in December.  Although the Board had three members at the time, Judge Boasberg found that Member Brian Hayes objected to the rules and did not cast a vote when the final rule was adopted.  Because Member Hayes effectively did not participate in adoption of the final rule, Judge Boasberg found that the Board lacked a quorum and that the adoption of the final rules was invalid under the U.S. Supreme Court's decision in New Process Steel. Judge Boasberg's entire opinion is available here. Judge Boasberg's opinion did not reach the question of whether the final rule was otherwise lawful, had it been adopted when the Board had a quorum.  Instead, Judge Boasberg concluded that “representation elections will have to continue under the old procedures” unless a properly constituted quorum of the Board votes to adopt the rule. There is no word yet from the Board responding to today's opinion and it remains to be seen whether the Board will hold another vote to adopt the rules. Stay tuned. See our prior coverage of the Board's “ambush” election rules here.


LEAVE YOUR COMMENT

RELATED ARTICLES

Union Violated Labor Law By Refusing To Provide Information On How To Resign

January 9, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Labor Board Rounds Out 2019 with a Few More Obama-Era Reversals

January 6, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Squares Itself With EEOC: Employers May Require Confidentiality During Open Investigations

December 18, 2019 | Labor Relations, National Labor Relations Board

Dues Check Off Provisions Once Again Expire With CBA, NLRB Rules

December 16, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Labor Board Dials Back Ambush Election Rules

December 13, 2019 | Labor Relations, National Labor Relations Board, Unions and Union Membership

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.