The federal district judge who earlier this year struck down a National Labor Relations Board (NLRB) ambush elections rule, which would have accelerated the timeframe allowed for union elections, has denied the NLRB's request that he reconsider the decision citing the board's inability to expand and improve its argument. The NLRB said it will appeal the case to a higher court.
The U.S. District Court for the District of Columbia in May overturned the NLRB ambush elections rule 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. Without at least three members participating, the NLRB lacked the authority to issue the rule, making it invalid, according to the Court decision.
The NLRB suspended the rule on May 15 in response to the judge’s decision.
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