Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it. – Ferris Bueller
Well, did you miss it?
Just as people were settling down to the NLRB’s new speedy election rules this month, events over the last two days have completedly upended that.
First was the Court action. As noted by the Employer Law Report blog, “The NLRB was issued a stunning rebuke yesterday by U.S. District Court Judge James Boasberg (an Obama appointee) when he ruled that the NLRB’s controversial union election rule changes were invalid because they were enacted without the required three-member quorum.”
Second, the NLRB itself reviewed the ruling and its rule and yesterday suspended implementation of the new rule. As reported by Labor Relations Today, “The Board just announced it has temporarily suspended the implementation of changes to its representation case procedures. While Board Chairman Mark Gaston Pearce reiterated his support for the rule changes, pending review of legal options, the Board will continue to process representation petitions under the previous, long-standing guidelines. ”
You can read the NLRB’s announcement here.
You may recall that the NLRB also tried to institute new rules regarding postings in the workplace. But court challenges to that rule also led the NLRB to suspend implementation of that rule too.
For employers, the last few days have moved pretty quickly. But if you’re keeping score at home, it might read: Courts 2, NLRB 0. Stay tuned.