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NLRB ‘Ambush Election’ Rules Clear Their First Hurdle

Employer Labor Relations Blog (04/30/2012)

The National Labor Relations Board’s “quickie election” rules, which expedite the processing of petitions for election filed by a union with the NLRB, went into effect April 30. The rules substantially limit a company’s ability to legally challenge a union petition. A District Court judge earlier had denied a motion to stay the implementation of the rules. However, the judge is still considering the merits of a lawsuit, Chamber of Commerce, et al. v. NLRB, and plans to issue a decision by May 15.

Among other things, if the new rules are upheld they will give an NLRB hearing officer the ability to limit the evidence that can be brought at a representation case hearing; give the hearing officer the authority to deny a party the right to file a post-hearing brief; and do away with a party’s right to have the NLRB review a decision by a regional director that directs an election.