NLRB Election Rule Deemed Invalid
May 29, 2012

A rule revising election procedures in union representation cases issued by the National Labor Relations Board (NLRB) was ruled invalid earlier this month by the U.S. District Court for the District of Columbia. The rule, took effect on April 30. The Board has suspended implementation of the rule, according to information from the Associated General Contractors (AGC) of America.

The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace (CDW), both of which AGC is a member, brought the lawsuit challenging the rule on several procedural and substantive counts. The court ruled on only one of those counts, finding that the Board lacked the necessary quorum when it voted to adopt the final rule.

The court emphasized that its decision "need not necessarily spell the end of the final rule for all time," according to AGC. The court did not address the plaintiffs' other procedural and substantive challenges to the rule, and ordered that, had there been a proper quorum, the final rule might have been found to be lawful. The court also acknowledged that a properly constituted quorum of the Board could vote now to adopt the rule, according to AGC.

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