NLRB 'Ambush Rule" goes in effect

Update 5/15/2012: The Federal district court for the District of Columbia, ruling on a case brought by the Coalition for a Democratic Workplace and the US Chamber of Commerce, struck down the NLRB’s “ambush” or “quickie” election rule on May 14. The court did not rule on the merits or substance of the election rule, but on the procedures the Board used to promulgate the rule; specifically striking down the rule because only two Board members voted on it and a quorum of three votes was required.

Original Posting: The National Labor Relations Board (NLRB) final rule to change the decades-old union representation election procedures went into effect on April 30, 2012. The “ambush election” rule is being challenged in federal district court in the District of Columbia by the Coalition for a Democratic Workplace (CDW – which NAW helps manage) and the U. S. Chamber of Commerce. On April 28th, the court denied a preliminary motion to delay the NLRB’s implementation of the rule. In the order, Judge James Boasberg stated the court will issue its final ruling on the merits of CDW’s challenge by May 15, 2012. (Chamber of Commerce of the United States, et al. v. National Labor Relations Board, No. 11-2262).

The rule will likely result in union representation elections being held at a faster pace. Businesses should be prepared for the possibility that a union election may be held within as little as 17 days after a petition is filed with the NLRB. The current median is 38 days after a petition is filed.

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