Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
485 Metro Place South, Suite 220 Dublin, OH 43017
614-467-4923
Menu Contact
View Practice Areas

National Labor Relations Board's Speedy Election Rule

The National Labor Relations Board (NLRB) issued a new final rule on December 26, 2011 limiting an employer's ability to challenge certain election procedures.  The final rule is currently set to go into effect on April 12, 2012; however, like the new notice posting (now effective April 30, 2012), this new rule is subject to legal challenge.  The U.S. Chamber of Commerce and Coalition for a Democratic Workplace have both filed lawsuits in federal district court challenging the new rule seeking injunctive relief.  The lawsuits challenge the Board's authority to issue the new rule, citing violations of the First and Fifth Amendments.

The new final rule was passed 2-1, just prior to the end of Member Brian E. Hayes's term.  Member Hayes strongly opposed the new rule and divergence from existing Board procedure.  Among others, the new rule modifies the current pre-election procedures by:

(1) Providing NLRB hearing officer with authority to limit the presentation of evidence at pre-election hearings to "genuine issues of fact material to the existence of representation questions";

(2) Limiting a party's right to file post-hearing briefs with only leave of the hearing officer;

(3) Limiting a party's right to seek review of a regional director's pre-election unit and eligible voter ruling while allowing parties to seek post-election review of issues not rendered moot by the election;and

(4) Making Board review of post election disputes discretionary.

Legal challenges to the new rule may delay implementation, but employers should act quickly to review their current labor plans with their labor counsel prior these rules going into effect.

By: Justin A. Morocco

No Comments

Leave a comment
Comment Information

These honors are evidence of the quality of counsel we are known for:

Email Us Today

Contact Our Attorneys Advanced Employment Law For The Columbus Area, With Offices In Dublin

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

MOWERY YOUELL & GALEANO, Ltd.
485 Metro Place South, Suite 220
Dublin, OH 43017

Toll Free: 888-401-2692
Phone: 614-467-4923
Fax: 614-760-8654
Dublin Law Office Map

Review Us
office pin
Back to top