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D.C. District Court Refuses to Temporarily Enjoin NLRB’s Quickie Elections Rule; Will Rule by May 15

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April 30, 2012

By Doug Hass

The National Labor Relations Board’s controversial new regulation designed to streamline and shorten the union representation election process goes into effect today.  The U.S. Chamber of Commerce, the Coalition for a Democratic Workplace, and affiliated business groups failed over the weekend to secure a temporary injunction preventing the Board from implementing the rule beginning today.

The Chamber of Commerce and CDW filed a motion for a temporary stay late Friday in their case before the U.S. District Court for the District of Columbia that challenges the quickie election rule as unconstitutional, but District Judge James E. Boasberg denied the motion in a brief order issued Saturday.

However, the uncertainty about the new rule and its changes to election procedures will be short lived.  Judge Boasberg denied the motion because the Court planned to rule on the merits of the Chamber’s case by May 15, which would “precede any potential election under the new rule.”

What Happens Now?

The quickie election rules that we have covered in previous alerts last week and in December are now in effect, at least until the Court’s ruling.  However, because the D.C. district court has not ruled on the merits, the question of the Board’s authority to issue the quickie elections rule is not yet resolved at this point.  We will continue to monitor developments in the case over the next two weeks and will provide additional updates as necessary.  Should the Court uphold the rule, we will provide clients with some additional guidance and training opportunities on the changed election landscape. 

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