NLRB Adopts Final Rule Amending Representation Election Procedures
December 22, 2011
By: Erin S. Torcello
As anticipated, the National Labor Relations Board ("Board") adopted a final rule amending the procedures applicable to union representation elections, just before losing its quorum when Member Becker's recess appointment expires at the end of this year. Members Pearce and Becker approved the final rule without the endorsement of Member Hayes. The final rule will be published in the Federal Register today (December 22, 2011), and will become effective on April 30, 2012.
The amendments to the union representation election procedures, which are summarized in a prior blog post regarding the November 30, 2011 Board resolution to proceed with the drafting of the final rule, are intended to shorten the time period between the filing of a representation petition and the election.
The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a lawsuit on December 20, 2011 in the U.S. District Court for the District of Columbia, challenging the Board's authority to adopt the final rule, and seeking an order enjoining the Board from enforcing the final rule. We will keep you posted on any significant developments in that litigation.
