NLRB's Quick Election Rule Overturned
Earlier this week, a DC court overthrew the National Labor Relations Board’s (NLRB) recent rulemaking changing the procedures governing union elections. The rule was in effect since April 30, and has been commonly referred to as the “quick election” rule because it shortened the time between the filing of a petition and the representation election in union organizing drives. Judge James Boasberg of the United States District Court for the District of Columbia ruled that the five-seat NLRB did not have a proper quorum when it approved the quick election rule in December 2011. With the quick election rule nullified, union elections must proceed according to the old rules.
While many MEA members will be pleased with the court’s ruling, this victory may be short-lived. The NLRB must return to administering union elections according to the prior rules, but it can vote to adopt the quick election rule again with a “properly constituted” quorum. The current Board has a full contingent of five members, and could re-approve the rule soon.
MEA will keep members up to date with any changes that occur.