Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: ambush election

Supreme Court Rules that Obama Recess Appointments Invalid

Posted in NLRB
In a major decision yesterday, the U.S. Supreme Court held that the recess appointments President Obama made to the NLRB in January 2012 were unconstitutional. The case related to the appointments of three members of the NLRB on January 4, 2012, during a period of time in which the U.S. Senate was in an intra-session … Continue Reading

Take Two: NLRB Begins its “Do Over” on Union Election Rules

Posted in NLRB
As expected, the NLRB has again proposed to amend various procedural rules that relate to the way in which union election petitions are processed. These changes are primarily designed to speed up the processing of requests for secret ballot elections. They are widely regarding in the employer community as the "quickie" or "ambush" election rules. The … Continue Reading

NLRB Abandons its Appeal of Union Election Rule Decision, May Re-issue Challenged Rule

Posted in NLRB
By Nelson Cary and Michael Shoenfelt Earlier this week, the NLRB voluntarily dismissed its appeal of a 2012 decision invalidating a rule designed to “streamline” union elections. Commonly known as the “ambush” or “quickie” election rule, the rule would have significantly decreased the amount of time between the filing of a petition to unionize with … Continue Reading

NLRB Responds to Court’s Decision on Election Rule

Posted in NLRB
The NLRB responded to the decision of Judge Boasberg today.  In a press release, the NLRB announced that it will suspend implementation of the election rule.  Acting General Counsel Lafe Solomon has also withdrawn the memorandum issued to the regional offices at the end of last month explaining how to implement the rule.  Finally, Chairman Pearce … Continue Reading

Federal Judge Invalidates NLRB Election Rule

Posted in NLRB
Satisfying his promised timeline, Judge James E. Boasberg issued a decision (pdf) today finding the NLRB’s election rule invalid.  Quoting Woody Allen that "eighty percent of life is showing up," Judge Boasberg found that the rule was invalid because one of the NLRB members did not participate in the vote to adopt it.   When the final … Continue Reading

AGC Issues Guidance on New Election Rules; Court Denies Motion to Stay

Posted in NLRB
With the effective date of the NLRB’s new election rules now less than 48 hours away, the NLRB’s Acting General Counsel (AGC) continues his implementation efforts.  On Thursday, the AGC issued a memorandum (pdf) to the various regional offices of the NLRB containing additional information interpreting the new rule.  It also contains implementation instructions for the … Continue Reading

Highlights From Acting General Counsel’s Annual Operations Summary

Posted in NLRB, Union Membership
Last week, AGC Lafe Solomon issued his annual summary of operations (pdf) for FY 2011. The summary reviews the various functions of the Acting General Counsel’s office, which include conducting secret ballot union elections and investigating and prosecuting unfair labor practice charges against employers and unions. Of the information reported, perhaps the most interesting given the NLRB’s … Continue Reading

Details of NLRB Election Rule Published; Chamber Files Lawsuit

Posted in NLRB
By Nelson Cary and Micah Dawson Earlier today, the NLRB formally published their new election rules in the Federal Register.  Chairman Pearce (D) and Member Becker (D), whose term ends next week, voted in support of the new rule. Member Hayes (R) withheld his vote. Member Hayes can vote against finalizing the rule and publish a statement … Continue Reading

NLRB Adopts New Election Rules Adopted

Posted in NLRB
The NLRB announced today that it has formally adopted the revisions to the election rules that were originally proposed earlier this year.  The official notice will be published in the Federal Register tomorrow.  The rule, which some have referred to as the "quickie" or "ambush" election rule, will become effective on April 30, 2012.  Stay tuned to vorysonlabor.com for additional … Continue Reading

Hayes Stays: NLRB Moves Forward with Election Rule

Posted in NLRB
The NLRB headed into a public vote today over a proposed rule on election procedures summarized yesterday on this blog.  It did so without assurances that one of its members, Brian Hayes (R), would be present. While tensions were high, Member Hayes did attend the meeting and the NLRB voted along party lines, 2-1, to move … Continue Reading