Wyatt Employment Law Report

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NLRB Appeals Ruling Enjoining its New Regulations Meant to Speed Up Union Elections

By Edwin S. Hopson

On August 1, 2012, we reported that in Chamber of Commerce of the United States, et al. v. National Labor Relations Board, Civil No. 11-2262, the U.S. District Court for the District of Columbia had enjoined on May 14, 2012, the NLRB’s implementation of its new regulations relating to speeding up representation elections. The district judge based his ruling on a lack of quorum of NLRB board members.  Thereafter, the NLRB filed a motion in the district court requesting that the judge alter or amend the judgment to permit it to implement its new election regulations, which was denied on July 27, 2012.

As predicted, on August 7, 2012, the NLRB filed a notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit.  It will probably be many months before the Court of Appeals rules on the NLRB’s appeal.