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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