Landrum Human Resource Companies Blog

New NLRB Election Procedures Put on Hold by District Court Ruling
May 24, 2012, 5:28 pm
Filed under: Human Resources, Jim Guttmann, SPHR, Notes from Jim | Tags: , ,

May 24, 2012

New NLRB Election Procedures

Put on Hold by District Court Ruling

by Jim Guttmann, SPHR

Last month we informed you that the National Labor Relations Board (NLRB) had implemented an expedited election rule effective April 30, 2012. You can access our previous blog on anticipated changes to the NLRB election procedures here.

On May 14, 2012, the U.S. District Court for the District of Columbia ruled that the NLRB’s decision to amend its election procedures is invalid because the Board did not have a statutorily required quorum in adopting the rule changes. The U.S. Chamber of Commerce and the Coalition for a Democratic Workforce worked toward securing this summary judgment. It is important to note that the Court’s ruling only addressed what they found to be flawed NLRB methods in implementing the new rule and not the actual merits of the expedited election rule itself.

During the short time that the new election procedures were in place (April 30th to May 14th), approximately 150 election petitions were filed with the NLRB. Many of those petitions resulted in election agreements, while several have gone to hearing. All parties involved in the 150 cases will be contacted and given the opportunity to continue processing the case from its current posture rather than re-initiating the case under the prior procedure.

Going forward, in response to this District Court ruling, the NLRB has various options to consider. And one of those options would be to merely re-vote with its Democratic majority and implement the rule changes as proposed. Here is the press release issued by the NLRB.

At the moment, the only thing that remains clear is that the status of the Board’s expedited election rule will remain in question over the days and weeks to come.

In the meantime, employers should continue to assess their employee relations programs – particularly their open door procedures and compensation/benefits package. Being strong in these areas may render third party representation unnecessary in the eyes of employees .


Jim Guttmann, SPHR

As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).

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