Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: election rule

UPDATE: Business Groups Appeal Loss on Election Rule

Posted in Courts, Elections, Union Organizing
Updating our post from yesterday, the Texas business groups who lost their challenge to the NLRB’s “ambush” election rule wasted no time filing a Notice of Appeal (pdf) of that decision to the U.S. Court of Appeals for the Fifth Circuit.  While it is certainly possible that the appeals court could reverse the decision, any… Continue Reading

More Election Petitions, Quicker Votes: Data About the Early Impact of the NLRB’s New Election Rule

Posted in Elections, NLRB, Union Organizing
On the heels of the Texas court’s ruling earlier this week, and with more than a month of experience with the NLRB’s new election rule behind us, I thought it would be interesting to find out what the data actually shows is happening under the new rule.  So, yesterday I turned to Susan Connelly of… Continue Reading

General Counsel Responds to Labor Practitioners’ Questions

Posted in Elections, NLRB, Union Negotiations
Earlier this year, the NLRB’s GC, who is responsible for enforcing the NLRA, continued his annual practice of attending the Mid-Winter Meeting of the Practice and Procedure Committee of the ABA Labor and Employment Law Section.  The GC answered questions the committee had collected from labor law practitioners around the country. A few weeks ago,… Continue Reading

NLRB Continues Preparations for Implementing Ambush Election Rule

Posted in Elections, NLRB, Rulemaking
Earlier this week, Region 8 of the NLRB held a training session in Cleveland, Ohio, on the upcoming changes to the procedures for representation cases that will go into effect on April 14, 2015.  This training session was one of more than 35 sessions the NLRB is hosting for practitioners across the country.  Additionally, NLRB… Continue Reading

General Counsel Answers Labor Practitioners’ Questions

Posted in NLRB
Earlier this year, the NLRB’s General Counsel (“GC”), who is responsible for enforcing the NLRA, continued the annual practice of attending the Mid-Winter Meeting of the Practice and Procedure Committee of the ABA Labor and Employment Law section. The GC answered questions the committee had collected from labor law practitioners around the country. Late last… 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

Battle Over Notice Posting Rule Ends: NLRB Announces Decision Not to Appeal

Posted in NLRB
The battle over the NLRB’s notice posting rule appears to have concluded.  Last year, two different federal courts of appeals determined that the NLRB’s rule was unlawful.  The D.C. Circuit found that the rule violated an employer’s freedom of speech, which the NLRA guarantees.  The Fourth Circuit found that the NLRB didn’t have the statutory authority in 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

AGC Memorandum Contains Answers to Questions from Practitioners

Posted in NLRB
Earlier this year, the Acting General Counsel met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section.  This meeting is an annual undertaking.  The AGC answered questions the Committee collected from labor law practitioners around the country. Earlier this month, the AGC released a memorandum (pdf) summarizing the questions that… Continue Reading

Court of Appeals Delays Argument on NLRB’s Election Rule

Posted in NLRB
Last year, a federal district court judge found that the NLRB’s election rule was invalid. The NLRB appealed that ruling, and announced that it would delay implementation of the rule pending the outcome of the appeal. Earlier this year, the Court of Appeals set oral argument in the appeal for April 4. After setting this date, however,… 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