NLRB’s “Ambush” Election Rule Invalidated – Temporarily

Kegler Brown E-mployment Alert

The NLRB’s controversial new “ambush” or “quickie” union election has been ruled invalid by the federal district court for the District of Columbia. The rule was to go into effect two weeks ago, on April 30, 2012. However, at least for now, the rule cannot be implemented or enforced.

This may only be a Pyrrhic victory. The basis of the court’s ruling was that the Board did not have a proper quorum at the meeting at which the rule was adopted, thereby invalidating the rule. The court did not decide the question of whether the rule itself is valid or invalid. Thus, there is nothing to prevent the Board from re-enacting the rule in a procedurally correct way.

For now, however, union representation elections must continue to adhere to the old procedures, which generally give employers more time to react after an election petition is filed.