July 21, 2018

July 20, 2018

Subscribe to Latest Legal News and Analysis

July 19, 2018

Subscribe to Latest Legal News and Analysis

Texas Federal Court Upholds NLRB’s ‘Quickie’ Election Rules

As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in the United States District Courts for the District of Columbia and the Western District of Texas.

On June 1, 2015, the United States District Court for the Western District of Texas  issued its decision in Associated Builders & Contractors of Tex., Inc. v. NLRB, Case No. 1:15-cv-0026 (W.D. Tex.), rejecting all of the building associations’ challenges to the Election Rules. While another case—Chamber of Commerce et al. v. NLRB, No. 15-cv-00009 (D.D.C. filed January 5, 2015—is still pending, given this ruling in favor of the NLRB upholding the new Election Rules, the court’s decision in Associated Builders & Contractors of Texas is likely to lead to an increase in organizing activity in the coming months, as unions that were awaiting resolution of the legal challenges to the Election Rules resume or step up their organizing efforts. Since the Election Rules took effect, the median time from petition to election has been reduced to 23 days, and the number of petitions filed in the month after the Election Rules went into effect increased by 32 percent. We will continue to monitor this issue and report on it as it develops.

Proactive employers, it is important to prepare for the impact that the new Election Rules will have on your organization.

©2018 Greenberg Traurig, LLP. All rights reserved.

TRENDING LEGAL ANALYSIS


About this Author

Justin Keith, Greenberg Traurig Law Firm, Boston, Labor and Employment Litigation Attorney
Associate

Justin F. Keith represents employers in all areas of labor and employment law—including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country

He is experienced with wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail,...

617-310-6230
Todd Wozniak, Greenberg Traurig Law Firm, Atlanta, Labor and Employment Litigation Attorney
Shareholder

Todd D. Wozniak is Co-Chair of the firm’s Labor & Employment Practice’s ERISA & Employee Benefits Litigation group. He is a trial lawyer who defends companies and public institutions throughout the United States in labor and employment, ERISA, and business disputes. He is also experienced in wage and hour litigation, state and federal whistleblower statutes, non-discrimination laws, plant closing and mass layoff laws, collective bargaining and traditional labor relations, executive contracts and compensation, non-compete and trade secrets litigation, and partnership/business disputes. During his career, Todd has defended more than a dozen class or collective actions and tried more than 40 cases or arbitrations to verdict.

Todd is a frequent lecturer and writer on a wide range of employment and business related issues, including protecting trade secrets, implementing reductions-in-force, pre-dispute arbitration agreements and programs, class action defense, ERISA compliance and preemption, eDiscovery, and wage and hour compliance.

Concentrations

  • Trial lawyer

  • Class and collective actions

  • Labor and employment

    • Discrimination, harassment and retaliation cases

    • Sarbanes-Oxley and whistleblower cases

    • Executive employment agreements and compensation

    • FLSA and state law wage and hour cases

    • WARN compliance and litigation

    • OSHA compliance and workplace injury litigation

    • OFCCP compliance

    • Traditional labor law, including union campaigns and arbitrations

  • ERISA litigation

  • Non-compete, trade secrets and intellectual property litigation

  • Constitutional law

  • Partnership and business disputes

  • Labor and employment aspects of corporate/bankruptcy transactions

678-553-7326