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30 Oct 2015 Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots

Recent posts have discussed in great detail the Board’s new election rules and how they have already begun to impact employers, including our post earlier this week about voter eligibility lists. In a recent Board decision, however, the Board relied on its old precedent to uphold election results and deny an employer’s request for review.   In Classic Valet Parking, Inc., No. 29-RC-148399 (N.L.R.B. Oct. 23, 2015), an employer sought review of a regional director’s decision…

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07 Apr 2014 NLRB to Live Stream This Week’s Hearings

  The National Labor Relations Board announced today that the public hearing on its proposal to implement the so-called “ambush election rules” (the Board obliquely refers to them as the “amendments governing representation-case procedures”)  will be viewable on the agency’s website.  The hearing is currently scheduled for Thursday, April 10 and Friday, April 11.   You can read more about this issue on the following posts posts, “NLRB Re-Issues ‘Quickie Election’Rules: It’s Déjà Vu All Over…

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23 Jan 2014 Final nail in the coffin for quickie election rule?

In yesterday’s Federal Register, the NLRB published a final rule notice officially rescinding the “quickie election” rules which were held to be invalid by the D.C. District Court in May 2012. As we previously have covered, the new rules made significant changes to the timing and procedure of union elections.   The D.C. District Court held that the rules were invalid because the Board lacked a quorum when issuing the rules. The NLRB appealed that decision…

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22 Feb 2013 Noel Canning Delays Review of “Ambush” Election Rules

Citing Noel Canning, the D.C. Circuit issued an order this week holding in abeyance an NLRB appeal regarding its “ambush” election rules.  The D.C. federal district court found last year that the ambush election rules were invalid because Board member Brian Hayes did not participate in the decision.  The NLRB appealed to the D.C. Circuit and oral argument had been scheduled for April.  The employer’s representatives now have argued that even if Hayes had participated…

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31 Dec 2012 Our Top 10 Labor Law Events of 2012

The Mayans predicted that the world would end in 2012. They were wrong. However, U.S. employers may well be feeling like life is over as they once knew it after the head-spinning events of 2012 in traditional labor law. And the scary thing is, the NLRB has just gotten started, folks, as it enters 2013 with a three-member majority, all of whom are pro-Union Democratic appointees. Your friends at BTLaborRelations.com have decided to again ring…

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30 Jul 2012 Federal Judge Refuses to Change His Decision Invalidating the Ambush Election Rules

On Friday, July 27, 2012, District Court Judge James Boasberg (D.D.C) denied the NLRB’s motion to alter or amend his previous order which found the “ambush” election rules to be invalid because the Board lacked quorum. We previously covered this in more depth here. Judge Boasberg refused the invitation for “rehashing arguments” and continued to find the NLRB’s arguments regarding Member Hayes’ abstention to be unpersuasive. The Court’s opinion can be found here. In light of this decision, the NLRB…

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13 Jun 2012 NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules

As we previously reported, a judge with the D.C. District Court invalidated the Board’s  controversial “ambush” election rules last month on essentially a technicality, finding that the three-member Board did not establish a quorum prior to voting on the rules because Member Brian Hayes did not participate in the voting.  The Board responded to that ruling this week arguing that Member Hayes was in fact present at the voting (which occurred electronically) because of his interactions…

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15 May 2012 NLRB Suspends Implementation of Ambush Election Rules

The Board has announced that it is “temporarily” suspending implementation of its ambush election rules, in light of the D.C. District Court decision yesterday finding the rules invalid.  The Board’s notice states that about 150 representation petitions had been filed under the new rules since they went into effect on April 30. The parties involved in those cases will be given the opportunity to continue processing the case under the new procedures, but any newly filed cases will be processed…

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14 May 2012 D.C. District Court Throws Out Ambush Election Rules, Finds Board Lacked Quorum

  District Court Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued an opinion this afternoon finding the NLRB’s “ambush” election rules invalid because the Board did not have three members who cast a vote on whether to implement the rules when they were adopted in December.  Although the Board had three members at the time, Judge Boasberg found that Member Brian Hayes objected to the rules and did not…

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08 Feb 2012 NLRB Quickie Election Rules Under Attack

As has been discussed in this blog recently, the NLRB has adopted “quickie election” rules that, among other union-favoring changes, greatly shorten the already-brief period of time from the filing of an election petition to the time the election takes place. These new rules are scheduled to go into effect on April 30, 2012. In December of last year, the United States Chamber of Commerce and the Coalition for a Democratic Workplace filed a lawsuit in the U.S. District…

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