National Labor Relations Board’s “Quickie Elections” Rule Struck Down

On May 14, 2012 a federal district court in the District of Columbia struck down the National Labor Relations Board’s (the “NLRB” or “Board”) so-called “quickie” or “ambush” elections rule, on the basis that the Board lacked a quorum when voting to approve the final rule. Under the rule — which had officially taken effect on April 30, 2012 — representation elections occurred faster, and employers had fewer opportunities to challenge problems with the election process. However, due to the court’s ruling, the Board has suspended implementation of the rule indefinitely. Therefore, representation election procedures will be governed by the former rules, unless the district court’s decision is reversed on appeal, or the Board enacts a new elections rule with a proper quorum.

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