Court Rejects Challenge to "Ambush Elections" Rule

The U.S. District Court for the District of Columbia rejected a challenge filed by the Coalition for a Democratic Workplace (CDW) and several other business and trade groups against the National Labor Relations Board's (NRLB) "ambush elections" rule.

The court rejected arguments that the rule violates the National Labor Relations Act, the Administrative Procedure Act, and the U.S. Constitution, instead finding the plaintiffs’ arguments to be a “policy disagreement with the outcome of a lengthy rule-making process.” The NLRB has wide discretion to formulate what it believes are appropriate union election procedures, the court said.

CDW, of which NATSO is a member, and the other trade groups filed a lawsuit in January seeking to prevent the NLRB from proceeding with its final union elections rule. The rule dictates procedures for workplace elections that determine whether employees want to be represented by a union. The rule would dramatically shorten the time frame for businesses to hold union elections to as little as 14 days. Business groups have argued that this rule hurts workers since it deprives them adequate time and information needed to make an adequate decision as to whether to join a union.

The rule took effect April 14 after President Obama signed a memorandum of disapproval that effectively vetoed a Congressional Review Act resolution (S.J. Res. 8) that would have blocked the rule. The ruling is expected to be appealed.

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David Fialkov

David Fialkov is the Vice President of Government Relations, as well as the Legislative and Regulatory Counsel, at NATSO. In this capacity, Mr. Fialkov directs NATSO's legislative, regulatory, and legal strategy on a range of issues, including transportation, energy and fuels, labor, data security, and taxes. Mr. Fialkov also oversees NATSO's political engagement program, including individualized legal and political counsel to member companies. Prior to joining NATSO, Mr. Fialkov was the senior associate in the Government Affairs and Public Policy practice at the law firm of Steptoe and Johnson in Washington, D.C. At Steptoe, Mr. Fialkov advised clients on legislative, regulatory, and political issues, as well as legal concerns. His primary clients included trade associations representing the motor fuel wholesale and retail industries, including the National Association of Convenience Stores and the Society of Independent Gasoline Marketers of America. Mr. Fialkov's focus was not only on the motor fuels business, but also the litany of other issues that retailers confront, including labor matters, foodservice issues, healthcare and employment issues, tax matters and data security. Prior to joining Steptoe, Mr. Fialkov graduated with honors from George Washington University Law School. He received his B.S. Summa cum laude with highest honors from Clark University in Worcester, MA. He lives in Washington, D.C. with his wife Allison and daughter Lilah. More

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