December 8, 2021

Volume XI, Number 342

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December 07, 2021

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December 06, 2021

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House Joins Senate in Symbolic ‘Disapproval’ of Quickie Election Rule; Presidential Veto All but Certain

The House of Representatives voted 232-186 on March 19th to disapprove the new NLRB election rules slated to go into effect on April 14th. The Senate passed a similar resolution of disapproval on March 4th.

Under the Congressional Review Act, Congress has the authority to “disapprove” (and thus nullify) an agency rule. However, as with any bill passed by Congress, resolutions of disapproval must be signed by the President to be enacted. The President has the authority to veto the resolution.  

Although President Barack Obama has not taken action as of this writing, it is virtually certain that he will veto the measure. Given the almost-party line plurality of the votes in Congress, it appears that that resolution’s proponents would not muster the two-thirds vote necessary to override any veto.

There are two pending court challenges to the Board’s rule, filed by several business groups; one in federal district court in Washington D.C., and the other in federal court for the Western District of Texas. However, neither court has indicated whether hearings will be held or a decision will be issued before the rules become effective.

Thus, it appears the new rules will go into effect as scheduled.

The NLRB is scheduling outreach events for labor practitioners in the weeks prior to the rules’ effective date. We will monitor and report updates as warranted. In addition, Jackson Lewis will be offering a complimentary webinar about the new rules after April 14, as well as in-person seminars across the country on the rules and other recent NLRB developments.

 

Jackson Lewis P.C. © 2021National Law Review, Volume V, Number 79
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About this Author

Thomas Walsh, Labor, Employment, Attorney, Jackson Lewis Law Firm
Principal

Thomas V. Walsh is a Principal in the White Plains, New York, office of Jackson Lewis P.C. Since joining the firm in 1986, Mr. Walsh has represented employers in all aspects of labor and employment law and litigation.

Mr. Walsh has represented employers before numerous state and federal courts, regulatory agencies, as well as in numerous arbitrations. Mr. Walsh has extensive experience in representing employers faced with union organizing drives and in proceedings before the National Labor Relations Board. He has an active practice advising employers regarding...

914-872-6912
Philip B. Rosen Jackson Lewis  Preventive Practices Lawyer & Collective Bargaining Attorney
Principal

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firm's Board of Directors and co-leads the firm's Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-...

212-545-4000
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