News & Events

D.C. District Court Invalidates NLRB’s Expedited Election Rules (5/14/12)

On May 14, 2012, the United States District Court for the District of Columbia issued its ruling in Chamber of Commerce et al. v. NLRB, No. 1:11-cv-02262-JEB (D.D.C.), finding that the National Labor Relations Board's expedited election rules, effective April 30, 2012, were invalid due to an insufficient (three member) quorum when the final rules were enacted by rulemaking in late December 2011. On May 15, 2012, the Acting General Counsel of the NLRB announced that the Agency had temporarily suspended implementation of its expedited election rules in light of the court’s decision. It is not certain at this time whether the NLRB will appeal the federal district judge’s ruling or simply re-issue the expedited election rules since the NLRB is at its full five member board capacity and can easily achieve the needed votes from its three Democratic members.