December 16, 2017

December 15, 2017

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December 14, 2017

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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.

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About this Author

Justin Keith, Greenberg Traurig, employment lawyer, discrimination legal counsel, reductions in force attorney, wage and hour class actions law
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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. 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.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of...

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Todd D. Wozniak is a trial lawyer who defends companies and public institutions throughout the United States in labor and employment, ERISA, and business disputes. He is co-chair of the firm’s National Labor & Employment Practice’s ERISA Litigation team and is experienced in ERISA and employee benefits litigation. 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, noncompete 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.

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