Not So Quick
On January 22, 2014, the National Labor Relations Board (“NLRB”) published in Federal Registerthe its official rescission of the so-called “Quickie Election Rule” that would have greatly speeded up union elections in the private sector. The rescission of the rule restores the NLRB’s former election processes and procedures. In practical terms, the “Quickie Election Rule” never took effect because of the litigation that prevented the NLRB from applying the rule to ongoing election cases.
The History of the Rule
This NLRB action rescinds the amendments to the NLRB’s representation case procedures adopted by the Board’s final rule of December 22, 2011, consistent with the district court’s decision in Chamber of Commerce of the U.S. v. NLRB setting aside that rule. On December 9, 2013, the Court of Appeals for the District of Columbia Circuit dismissed the Board’s appeal of the district court’s decision, pursuant to the parties’ stipulation. Now that the district court’s decision is no longer subject to appellate review, this NLRB rescission action restores the relevant language in the Code of Federal Regulations to that which existed before the Board issued the December 22, 2011 final rule.
Please refer to our previous HR Insights Blog articles here that traced the development of the “Quickie Election Rule” and the legal battles that followed.
Reference: Federal Register/Vol. 79, No. 14/Wednesday, January 22, 2014/Rules and Regulations 3483.
If you have any questions, please contact Steve Lyman at slyman@hallrender.com or your regular Hall Render attorney.
