NRCA supports ruling regarding NLRB regulation
NRCA applauds a May 14 ruling by the U.S. District Court for the District of Columbia that the National Labor Relations Board (NLRB) did not have a quorum present when it issued its regulation designed to accelerate the time frame for union elections. This ruling invalidates the regulation, which had taken effect April 30, and as a result, NLRB may not hold any union elections using the procedures set forth by the regulation.
NRCA has long opposed the NLRB regulation because of concerns that it will result in expedited union elections in as few as 14-21 days. NRCA believes such a short time frame for an election would preclude the opportunity for informed dialogue between employers and employees on collectively bargained issues. NRCA represents union and open-shop contractors and supports policies that maintain an equitable balance in labor-management relations.
The ruling comes in a court challenge brought by the Coalition for a Democratic Workplace (of which NRCA is a member) and the U.S. Chamber of Commerce. The court ruled NLRB did not establish a quorum of a minimum of three members when it voted to finalize the regulation Dec. 22, 2011, stating: "Two members of the Board participated in the decision to adopt the final rule, and two is simply not enough."
The court went on to state that without at least three members participating, the board lacked the authority to issue the rule. The judge who issued the ruling, James Boasberg, was appointed by President Obama.
NLRB is expected to appeal the court decision. The earliest an appeal would be heard appears to be October or November.
To view the court's opinion, click here.
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