Hunton Employment & Labor Perspectives

As noted yesterday in our post, the United States District Court for the District of Columbia’s decision to strike down the National Labor Relations Board’s “quickie” election rules was based on a highly technical analysis.  Specifically, the Court found that the Board failed to obtain a proper quorum of at least three Board Members because of Republican Member Brian Hayes’ limited involvement in the rulemaking process.  However, the Court indicated that the Board might have authority to issue the quickie election rules if it musters a legally recognized quorum.

In a press release issued by the Board late yesterday afternoon, the Board confirmed that possibility, noting that the Board was “temporarily” suspending the implementation of the quickie election rules while it considered the Court’s decision.  The Board’s press release noted that the Board “continue[s] to believe that the amendments represent a significant improvement in [the Board’s] processes and serve the public interest by eliminating unnecessary litigation.”  Board Chairman Mark Gaston Pearce went on to state that “we are determined to move forward.”

In light of the Board’s clear intentions to push forward with pursuing the quickie election rules, we continue to recommend that employers prepare for the impact that the new rules will have on their ability to effectively and quickly respond to union organizing campaigns and petitions for elections.