NLRB Prevails on "Ambush Election" Suit

Employment Law

This week, U.S. District Judge Amy Berman Jackson rejected a challenge to the NLRB's expedited election rule, noting the agency's broad discretion in administering union representation elections.  The action was filed by the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (of which HR Policy is a member) and other business groups.  The court rejected the lawsuit's claim that the rule "sharply curtails" employers' constitutional rights.  Judge Jackson said, "Plaintiffs' policy objections may very well be sincere and legitimately based, but in the end, this case comes down to a disagreement with choices made by the agency entrusted by Congress with broad discretion to implement the provisions of the NLRA and to craft appropriate procedures."  A similar suit, filed in Texas federal court, was dismissed on June 1 for similar reasons.  According to a new study from Atlanta law firm Fisher & Phillips, since April, when the rule took effect, union elections have occurred in an average of 26 days, compared to 37 days under the previous rule.