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August 14, 2019

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NLRB Union Election Rule Found Invalid

On May 14, 2012, the U.S. District Court for the District of Columbia  struck down the National Labor Relations Board's (NLRB) new rules governing union elections by finding that the NLRB did not have the three member quorum necessary when it considered and voted on the new rules in December 2011.

As a result, the NLRB has temporarily suspended the implementation of changes to its representation case process and has advised regional directors to revert to their previous practices for election petitions starting today.

The NLRB could appeal this ruling, or could remedy the situation by re-enacting the rule with a three member quorum.  It is unlikely that this snap election issue is dead.

Having gone into effect on April 30, 2012, the rule's primary objective was to substantially reduce the period of time between the filing of a union representation petition and an election. Under the rule, employers would no longer be entitled to a hearing before the election on most issues, and even in cases where a hearing took place, the election would take place more quickly after the hearing than under the prior system. Approximately 150 election petitions were filed during the small window in which the new rule was in effect.

© 2019 Varnum LLP

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Luis E. Avila, Labor Employment Attorney, Varnum Law, Immigration Issues Lawyer, Grand Rapids
Partner

Luis focuses his practice on labor, employment and immigration issues. Luis has a wide range of experience in traditional labor matters, including grievances, arbitrations, collective bargaining negotiations, union drives, and matters in front of the National Labor Relations Board (NLRB) and the Michigan Employment Relations Commission (MERC). Luis has counseled employers on a number of workplace matters, including effective employee handbooks and policies, disciplinary and dispute resolution procedures, discrimination, disability accommodation, wage-hour matters, family medical leave, and...

616-336-6742
David E. Khorey, Labor Employment Attorney, Varnum, Workplace Confidentiality Matters Lawyer
Partner

Dave’s “client-centered” practice involves a variety of labor and employment issues. He provides practical and confidential ongoing advice and consulting on a number of sensitive and complex labor and employment matters, from problem employee situations to multi-facility collective bargaining negotiations. His representative clients include diverse industries (such as automotive, printing, transportation and hospitals) throughout the nation.  

616-336-6618
Richard Hooker, labor and employment attorney, Varnum
Partner

Dick Hooker has had significant experience in traditional labor relations, state/federal agency work, employment litigation, union election campaigns, unemployment insurance taxation matters, and arbitration of employment disputes. He is a facilitative mediator for the U.S. District Court, Western District of Michigan and the Michigan Courts, and he is listed as an arbitrator and mediator with National Arbitration & Mediation, Inc., the American Settlement Centers and the National Arbitration Forum.  

248-567-7429
John Patrick White, labor, employment and education lawyer, varnum
Counsel

Pat's practice concentrates on the full spectrum of civil rights issues including race, gender and disability matters, free speech and electronic privacy issues in the workplace. In addition to litigation, he also does traditional labor work, including negotiation and arbitration, both for public and private sector clients. He also maintains a strong background in education law, representing school districts, community colleges and colleges and universities, both with respect to employment issues as well as student issues.

616/336-6615