April 11, 2021

Volume XI, Number 101

Advertisement

April 09, 2021

Subscribe to Latest Legal News and Analysis

April 08, 2021

Subscribe to Latest Legal News and Analysis

Can The AFL-CIO Block The NLRB’s New Election Rule?

Back in December 2019, employers learned that the National Labor Relations Board’s dreaded “ambush” election rules would be rolled back, with the NLRB instituting a more reasonable and employer-friendly approach to union elections in April 2020. However, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) is doing all it can to stop that from happening. 

You will recall that ambush election rules truncated the time period between union petition and election, putting employers in a precarious situation with so little time to educate workers on the benefits of remaining union-free. That is slated to change in April 2020 with the NLRB’s new election rules, which will revert back to a longer period between union petition and election, among other positive changes. 

This past week, however, the AFL-CIO sued the NLRB in federal court, arguing that the Board violated administrative law by publishing its rule without going through the notice and comment rulemaking process, and by being arbitrary and capricious. The AFL-CIO seeks to prevent the rule from coming into effect in April. The notice and comment rulemaking process, which was used recently by the Board in establishing its joint employer rule, invites public comment and generally takes much longer to come into force. It remains to be seen whether the AFL-CIO will be successful and if we will have to wait longer than April to see the new rules come into effect. 

Advertisement
© 2021 BARNES & THORNBURG LLPNational Law Review, Volume X, Number 73
Advertisement
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Thomas Payne Labor and Employment Attorney Barnes Thornburg Law Firm Indianapolis
Associate

Thomas Payne is an associate in the Indianapolis office of Barnes & Thornburg, where he is a member of the Labor and Employment Department.

Prior to joining Barnes & Thornburg full time, Thomas served as a summer associate in the firm’s Indianapolis office. He also gained experience as a pro bono law clerk for the Indiana Office of the Attorney General and for the Honorable Lance Hamner of the Johnson County Superior Court.

With an eye toward becoming a lawyer, Thomas began his education at Purdue University,...

317-261-7852
Advertisement
Advertisement