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NLRB Quickie Election Rules Under Attack


As has been discussed in this blog recently, the NLRB has adopted "quickie election" rules that, among other union-favoring changes, greatly shorten the already-brief period of time from the filing of an election petition to the time the election takes place. These new rules are scheduled to go into effect on April 30, 2012. In December of last year, the United States Chamber of Commerce and the Coalition for a Democratic Workplace filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the promulgation of the rules as contrary to the National Labor Relations Act, the U.S. Constitution, the Administrative Procedures Act, and the Regulatory Flexibility Act. On Friday, February 3, 2012, the Plaintiffs and the NLRB filed cross summary-judgment motions, (they can be found here) with the plaintiffs seeking to set aside the rules and the NLRB asking that the rules be upheld.


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