At our Annual Employment Law Seminar, we discussed the NLRB’s adoption of its so-called “quickie-election” rules, which were adopted in December 2011, following the Obama Administration’s failure to obtain passage of the “Employee Free Choice Act,” a statute designed to promote union organizing by providing for fast elections when a union files a petition for certification.
The new administrative rules are designed to speed the election process. While they are not as draconian as the proposed Employee Free Choice Act, they were intended to, and would have, cut the time from the filing of a petition to an election in half. So-called “quickie elections” favor unions because they limit the time an employer has to respond to union propaganda about the alleged benefit to employees from joining a union.
On Monday, May 14, 2012, a federal judge ruled in favor of the U.S. Chamber of Commerce’s request that the quickie elections rules be invalidated. Although a number of issues were raised in the case concerning the NLRB’s rule making power, the court ruled only on the question of whether a quorum was present when the Board adopted the rules.