On May 14, 2012, a federal judge in Washington D.C. agreed with the U.S. Chamber of Commerce that the NLRB’s “quickie election” rule is invalid because it was adopted without the statutorily required three member quorum for Board action.
The decision turns on what it means to “participate” in an administrative vote which is taken electronically. The National Labor Relations Act provides that three members of the Board constitute the necessary quorum to take any Board action. On December 16, 2011, the final version of the quickie election rule was circulated to all three Board members via email. Chairman Pearce and Member Becker voted via email to approve it. Member Hayes took no action in response to the email. That same day, the rule was published as a final rule in the Federal Register. . . 2012 – Client Alert – Labor Law Update – Court invalidates quickie election rule – May