D.C. Court Voids NLRB’s New Expedited Election Rule

Yesterday, the D.C. District Court ruled that the NLRB’s new expedited election rule (which was passed late last year and became effective on April 30, 2012) is invalid because the NLRB did not have a proper quorum when only two NLBR members appeared and voted at the meeting. Chamber of Commerce of the United States of America v. NLRB, No. 11-2262 (D.D. C. 5-14-12). As the Court began its opinion paraphrasing Woody Allen, “eighty percent of life is just showing up.” Because the Supreme Court had already ruled in New Process Steel, L.P. v. NLRB, that the NLRB cannot act without a quorum and there was no quorum at the meeting when the new election rule was adopted, its adoption was not valid. Therefore, the Chamber was entitled to summary judgment in its challenge of the rule. Of course, the Court noted that the NLRB currently has five members and could just vote again at another meeting to adopt the same rule (assuming that the three recess appointments are valid). However, until the NLRB does so or this decision is reversed on appeal, the “ambush election” rule is unenforceable in D.C.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.