Employment Law Blog

News, trends and analysis in employment law and HR

May 18, 2012

NLRB quick elections on hold

Labor Relations 

A federal district court has ruled that the National Labor Relations Board didn’t have enough votes to impose new rules that would have sped up union election procedures as of April 30, 2012

A federal district court has ruled that the National Labor Relations Board didn’t have enough votes to impose new rules that would have sped up union election procedures as of April 30, 2012. At the time of the vote, there were only three people on the Board, and one of them refused to participate in the vote. The court said that two Board members, standing alone, didn’t comprise a quorum of the five-member Board and therefore they didn’t have the authority to issue a regulation on their own (Chamber of Commerce v. NLRB, D DC, May 2012). In response, the Board has suspended implementation of the new procedures while they evaluate their options. One possibility would be for the Board to hold a new vote. Currently the Board has five members, although a legal challenge has been lodged because three of them were appointed by the President in January 2012 as recess appointments; there is some question as to whether he had the authority to do so, since the Senate may have been in session at the time. Vigilant will keep members informed of any new developments on these rules.

Comments