Federal Court Invalidates NLRB Speedy Election Rule 

A Federal Court in the District of Columbia has recently held that the National Labor Relations board (NLRB) “quickie election rule,” that allows for faster votes on union elections and that was published in December 2011, is invalid. US District Judge James Boasberg invalidated the rule because only two of the three members of the Board required to constitute a quorum actually voted on the rule. In response to the District Court’s decision, the NLRB has temporarily suspended implementation of the rule. For now, providers can expect the same union election rules and pre-election procedures that were in place prior to the December 2012 rulemaking. Further actions are anticipated; the District Judge did not rule on the “merits” of the rule; and the NLRB could implement several strategies, including appealing the ruling or reissuing the rule and taking a proper vote.