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:


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Federal Judge Overturns NLRB’s New Rules Regarding Union Representation Elections

By Edwin S. Hopson

A federal judge in Washington, D.C. has ruled in Chamber of Commerce of the United States, et al. v. National Labor Relations Board that the NLRB lacked a quorum when it approved new rules governing union representation elections and that therefore the rules are invalid.  In his May 14, 2012 decision, U.S. District Judge James Boasberg found that NLRB Member Brian Hayes did not participate in the vote on the new rules, and that only Chairman Pearce and Member Becker actually were present for quorum purposes.  Under the Supreme Court’s decision in New Process Steel, it is clear the NLRB cannot effectively act with only two members as a quorum.  The Court pointed out that the NLRB could take up the rules again and consider their passage with a proper quorum.  The decision may be viewed at: