Congress Offers New Challenge to NLRB “Quickie” Election Rule

Topics: Union-Management Relations

As reported here in December, the NLRB issued new union election rules that are expected to make it significantly easier for unions to prevail in the election process.  These election rules are scheduled to go into effect in mid-April. 

In a January post, we discussed two lawsuits that were filed by pro-business groups to try to invalidate these new rules: Chamber of Commerce v. NLRB (USDC DC) and Associated Builders and Contractors of Texas, Inc. v. NLRB (USDC W. Dist. Texas).  Those lawsuits remain active.  In the United States Chamber of Commerce’s lawsuit, the Chamber filed a motion for summary judgment on February 5 arguing that the facts are not in dispute and that the rules are invalid as a matter of law.  A similar motion for summary judgment was filed on February 9 in the Texas lawsuit.  We will report on any court rulings in these motions.

Yesterday, a new challenge to the election rules moved forward.  The United States Senate voted on Senate Joint Resolution 8 – a Joint Resolution of both Houses of Congress disapproving and nullifying the NLRB’s election rules.  The Joint Resolution, which is being pushed by Republican Senator Lamar Alexander passed through the Senate by a 53-46 vote.  It now moves to the House, where it is also expected to pass. 

However, just like a bill, in order for a resolution to become law, it must be signed by the President.  There is not much doubt that President Obama will veto this Resolution as soon as it lands on his desk.  Thus, it is highly unlikely that this Resolution will end up doing anything to stop the implementation of the new election rules next month.  If the election rules are to be nullified it will likely have to happen through the pending lawsuits.  Nevertheless, this maneuver illustrates the battle going on between the NLRB and the Republican Congress, who during testimony on S.J. Res. 8 referred to the NLRB as a renegade one sided agency that was trying to ensure that unions win every single election. 

For a copy of the Resolution, click here.  We will continue to keep you posted on all developments related to the various challenges to the new NLRB election rules.