The National Labor Relations Board has rescinded its “quickie election” amendments to the NLRB’s representation case procedures adopted in December of 2011. The Board’s action, announced on January 22, 2014, follows the 2012 decisions of the U.S. District Court for the District of Columbia in Chamber of Commerce, et al. v. NLRB. The court decided the amended rule was invalid because the NLRB lacked a quorum (at least three members) when the change was made.
The Board’s action does not mean the NLRB has abandoned plans to change its representation case procedures. On the contrary, it is clear the Board still intends to do so; the rulemaking is the sole item on the NLRB’s latest semi-annual regulatory agenda, dated November 26, 2013. Moreover, the result of its new attempt likely will be even broader than its failed 2011 effort.
For more on this development and its possible implications, see our article, National Labor Relations Board Pauses from Election Rules Amendments.