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Oral Argument on Board’s “Quickie Election” Rule Delayed

The D.C. Circuit Court has decided, on its own motion, to delay oral argument on the National Labor Relations Board’s (“Board”) “quickie election rule,” a rule approved at the end of 2011, that speeds up the time between the filing of a petition for an election and the election itself.

Oral argument was originally calendared for early April but was removed pending further order of the Court because of a recent decision challenging the legality of recent appointments to the Board, Noel Canning v. NLRB, No. 12-1115 (D.C. Cir. Jan. 25, 2013).

In Noel Canning, the D.C. Circuit Court held President Obama’s recent three recess appointments to the Board were invalid and the Board lacked its mandatory quorum starting on August 27, 2011, until present.  The Board announced it will be appealing this decision to the Supreme Court.

The U.S. Chamber of Commerce challenged the method in which the quickie election rule was imposed based on Noel Canning, arguing that the Board lacked a quorum at the end of 2011 when they voted electronically to approve the rule.

This new rule would severely limit an employer’s ability to educate employees on unions because the election process would move quickly.  We will keep you apprised of any new information regarding this rule.

Brody and Associates regularly advises its clients on union-related matters and provides union-free training.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.