Union elections are officially in a state of flux. Just two weeks after becoming effective, a federal judge has tossed out the National Labor Relations Board’s “quickie election rule.” The rule, which business groups vehemently oppose, cuts the election timeline in half.
No formal vote, no quorum.
Judge Boasberg went on to invalidate the quickie election rule and clarified that the NLRB will continue to operate under prior rules. Bust as most commentators have noted, the NLRB, which now has 5 sitting members, can simply reconvene and revote.
However, this scenario is also marred by complications. The recent NLRB appointments are currently the subject of litigation, explains Businessweek. President Obama appointed the Board’s latest members while the Senate was on break. The outcome of this litigation can possibly call these members’ votes into question.
As such, the chances that the issues surrounding the quickie election rule will be resolved at any point soon seem to be slowly dwindling away.
Related Resources:
- Judge Rejects New Rule on Union Organizing (Wall Street Journal)
- New NLRB ‘Quickie Election’ Rule for Unions Goes into Effect (FindLaw’s In House)
- Justice Department Memo in Support of Obama’s Recess Appointments (FindLaw’s Courtside)
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