Wyatt Employment Law Report


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Judge Rejects NLRB’s Motion to Set Aside Decision Enjoining Implementation of New Election Rules

By Edwin S. Hopson

In Chamber of Commerce of the United States, et al. v. National Labor Relations Board, Civil No. 11-2262, the U.S. District Court for the District of Columbia had enjoined on May 14, 2012, the NLRB’s implementation of its new regulations relating to representation elections based upon a lack of quorum.  Thereafter, the NLRB filed a motion in the district court requesting that the judge alter or amend the judgment to permit it to implement its new election regulations.

On July 27, 2012, the district judge denied the motion and again invited the NLRB to vote again on the new rules.  The Board has yet to take the court up on that move and will likely appeal his ruling to the U.S. Court of Appeals for the District of Columbia Circuit.  The July 27 ruling can be found at:

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2011cv2262-45