Monday, May 14, 2012

BREAKING: NLRB "Ambush Election" Rule Blocked

The United States District Court for the District of Columbia just ruled that the NLRB lacked a valid 3-member quorum to adopt its "ambush election" rulemaking in December 2011. You can read the decision here: http://lrionline.com/?p=13350 Since Member Brian Hayes refused to participate in the actual vote on the rule, the Court ruled that this prevented the Board from achieving a valid quorum. While the new NLRB can re-vote the rule (although whether this Board constitutes a valid quorum is also under question in separate litigation), the District Court denies the Board's authority to operate under the new rules. Check out the post above for more analysis on what the decision means for employers. As always, we will keep you posted on developments. Phillip Wilson Labor Relations Institute 7850 South Elm Place - Suite E Broken Arrow, OK 74011 US