California Labor &
Employment Law Blog
Jun 3, 2015

Quickie NLRB Elections Look Like They Are Here To Stay

Topics: Union-Management Relations

As we mentioned previously in this blog, there were two major court challenges filed to stop the NLRB from moving forward with its quickie election rules.  Developments in both of those cases indicate that the court system is unlikely to reverse the rules.  Last month, the Western District Court of Texas threw out the lawsuit filed by the NFIB and Associated Buidling Contractors challenging the rules on privacy and free speech grounds.  Although the lawsuit filed by United States Chamber of Commerce, SHRM and other groups is still pending, the District Court for the District of Columbia refused the request of the plaintiff's to issue a temporary restraining order, indicating that it does not view the claims favorably.  

Although appeal of the Texas decision is still a possibility and the DC District Court case is far from finalized, it would not be advisable for employers to expect that either of these legal challenges will ultimately succeed.  Going forward, the best way to combat the quickie election rules is to get out in front of them by campaigning as soon as the employer suspects any possiblity of union activity and working with their labor relations experts and attorneys to be fully prepared if an election petition is filed.  Waiting until after the petition is filed to take any aggressive action or hoping that litigation will avoid unionization is not a strategy that is likely to have any success. 

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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