We’ve been following the NLRB’s controversial changes to union election case procedures. The proposed rules—which strip employers’ of their rights to litigate many issues in a hearing, limit parties’ appellate rights, and have the potential to dramatically decrease the time between the filing of a union election petition and the election—are currently set to take effect April 30, 2012.
Yesterday, Republicans in the House and Senate introduced resolutions to block the Board’s controversial rule changes. Senate Joint Resolution 36(introduced by Senator Enzi) and House Joint Resolution 103 (introduced by Congressman John Kline) seek to block the rule under the Congressional Review Act, which allows Congress to prevent federal agencies from implementing rules and regulations in certain instances.
The rules are also being challenged in the United States District Court for the District of Columbia by the Chamber of Commerce and the Coalition for a Democratic Workplace. The parties have moved for summary judgment and are awaiting a ruling from the court.
We are monitoring these and other challenges to the Board’s attempts to expand its power through rulemaking and will continue to report on them.©2013 Greenberg Traurig, LLP. All rights reserved.