Federal court invalidates new NLRB election rules

On May 14, 2012, a federal court in the District of Columbia, in a case called Chamber of Commerce v. NLRB, held that the National Labor Relations Board’s newly implemented representation election rules were invalid because the Board lacked a quorum when it issued the rules after a vote by only two members of the Board. In light of this decision, the Board has withdrawn the new election rules. Accordingly, until further action is taken by the Board, the old election rules will apply to all representation elections. In addition, the Operations Division of the NLRB has issued interim guidance to the field offices ordering that any cases filed during the period that the new rules were in effect (from April 30 through May 14) be re-processed and that any election agreements reached during that time be declared null and void unless both parties sign a waiver agreeing to proceed under the new rules.

Don’t hesitate to call on any of us at Pyle Rome if you have questions about this matter. We will bring you new developments as they become available.