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NLRB "Quickie Election Rule" Returns

The National Labor Relations Board on Aug. 25 adopted a amending procedures governing union representation elections. The rule shortens the time period between the filing of a representation petition and the holding of an election and makes other changes that operate to unions鈥 advantage. Reversing regulations issued by the Board during the Trump Administration, the new rule marks a return to the 鈥淨uickie Election鈥 or 鈥淎mbush Election鈥 Rule issued by the Board during the Obama administration almost in its entirety. 51风流 took several steps to stop the Obama-era rule 鈥 including regulatory comments, Congressional lobbying, and even litigation 鈥 but the rule survived all substantive challenges. While the Board鈥檚 new rule could be vulnerable on procedural grounds (given the agency鈥檚 failure to provide the public with advance notice and an opportunity to comment before making the rule final), its similarity to the Obama-era rule means it, too, would likely survive substantive challenge. The rule is set to take effect on Dec. 26.

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