NEWS: National Labor Relations Board Suspends New Election Rules After Court Reversal

By Rudman Winchell Attorney

On May 15, 2012, the National Labor Relations Board suspended rule changes that became effective April 30, 2012, which would have shortened the time between a union election petition and a vote. This action came after a federal court for the District of Columbia held on May 14, 2012, that the new rules were invalidly adopted because only 2 of 3 NLRB board members had voted on them.

A guidance document explaining the effect of the new rules, and a “frequently asked questions” summary, were also withdrawn pending further board action. The NLRB will revert to its pre-existing rules in the interim.

The federal court, ruling on part of a challenge to the new rules brought by the Chamber of Commerce of the US, made it clear that the Court was not ruling on the substance of the new rules, but only on the process by which they were adopted in December, 2011, which the Court found fatally flawed.

We will report on further developments as they unfold.

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