Ambush Election Rule Overturned

May 21, 2012

The U.S. District Court for the District of Columbia last week overturned the National Labor Relations Board's (NLRB) ambush elections rule, which would have accelerated the timeframe allowed for union elections, ruling that an insufficient number of Board members participated in the decision to adopt the final rule.

The Court held that only two members of the NLRB participated in the decision, and "two is simply not enough.”  Without at least three members participating, the NLRB lacked the authority to issue the rule, making it invalid, according to the Court decision.

The rule was challenged by the Coalition for a Democratic Workplace (CDW), of which NATSO is a member, and the U.S. Chamber of Commerce.

In a press statement, CDW Chairman Geoffrey Burr said, “Employers are greatly gratified that the Court has overturned a rule that would have been bad for employees and employers and especially hard on small business owners who would have been left with mere days to navigate an often-arcane NLRB process."

As it currently stands, the NLRB may not conduct an election using the procedures set forth in the rule. The CDW expects the NLRB will appeal the decision.  The earliest a court would rule on the appeal would be in October or November. The NLRB also may attempt to reissue the rule, which CDW said would open the door to additional legal challenges.

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This article originally ran in NATSO News Weekly (NNW), NATSO's member only weekly electronic newsletter. NNW is packed with the latest updates on government and business issues affecting the truckstop and travel plaza industry.

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NATSO News Weekly (NNW)

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