Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: lawsuit

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

The More the Merrier? A New Lawsuit Against the NLRB’s Election Rule Encounters an Early Setback

Posted in Courts, NLRB, Rulemaking
On Thursday, the NLRB won its first courtroom victory in connection with its “ambush” or “quickie” election rule, which went into effect earlier this month.  It was not, however, in one of the two cases that have been pending for some time, and that we have previously discussed on this blog. Instead, the NLRB’s victory… Continue Reading

UPDATE: Challenges Mount, But Obama Administration Stands Firm on Quickie Election Rule

Posted in Elections, NLRB, Union Organizing
Regular readers of this blog are already aware of the uproar over the NLRB’s release of its “quickie” or “ambush” union election rule and the litigation it has spawned in both D.C. and Texas federal courts.  The rule will bring a major overhaul to the manner and timeframe in which union elections are held. As litigation has… Continue Reading

Update: Second Lawsuit Filed Challenging NLRB Ambush Election Rule

Posted in NLRB, Rulemaking
Updating our previous post, a second group filed suit (pdf) against the NLRB last week, challenging its ambush election rule.  This time, the challenge comes from The Associated Builders and Contractors of Texas Inc., who are joined by the same organization’s Central Texas Chapter and the National Federation of Independent Business/Texas.  They have asked the… Continue Reading

Court of Appeals Finds Notice Posting Rule Invalid; Violates Employer Speech Rights

Posted in NLRB
The federal courts have dealt the NLRB’s notice posting rule another setback. In a ruling Tuesday, the court of appeals in Washington, D.C., the same court that earlier this year held President Obama’s recess appointments to the NLRB unconstitutional, vacated the NLRB’s notice posting rule. The court concluded that the rule violated an employer’s right to freedom… Continue Reading

NLRB Notice Posting Rule Unlawful

Posted in NLRB
Last year, the U.S. Chamber of Commerce challenged the legality of the NLRB’s notice posting rule in federal court in South Carolina.  Yesterday, Judge David C. Norton found (pdf) that the NLRB did not have the authority to issue the notice posting rule and that it was, therefore, unlawful under the Administrative Procedure Act.  Judge Norton reasoned… Continue Reading

UPDATE: Business Groups File Lawsuits Against NLRB Notice Posting Rule

Posted in NLRB
If the lawsuits of three different business groups are successful, the federal courts will have the last say about the validity of the NLRB’s notice posting rule. The National Association of Manufacturers (NAM), the National Federation of Independent Businesses (NFIB), and the U.S. Chamber of Commerce (Chamber) are each parties in three different lawsuits pending in federal courts… Continue Reading