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In the wake of a federal court's decision on May 14, 2012, invalidating the National Labor Relations Board's (NLRB) controversial rule aimed at expediting representation elections, the NLRB has announced that it will "temporarily" suspend implementation of the rule. Additionally, the NLRB's acting general counsel has withdrawn guidance issued to the NLRB's regional offices on the new rule and instructed those offices to follow the old election rules.
As for the future of this rule, Chairman Mark Gaston Pearce said "[w]e are determined to move forward" on implementing the rule, which he called "a significant improvement" to the Board's election processes. The Board now consists of three Democrats and two Republicans, so it may simply vote again to adopt the rule changes. However, three of the Board's members were recess appointments by President Obama, and business groups have challenged the constitutionality of those appointments. Thus, a renewed Board action on the rule would most likely be challenged as well.
Stay tuned, as we will keep you updated on any further developments regarding this rule. In the meantime, if you have questions about how this development affects your business, contact any of Faegre Baker Daniels' labor lawyers.
