By Eric B. Meyer
The U.S. Chamber of Commerce is hot!
I teased it two weeks ago, the day after the NLRB’s election rules took effect, when I posted that the new rules may get derailed. Well, that’s what happened yesterday as a District of Columbia federal court ruled that the National Labor Relations Board lacked authority to implement its new “quickie” election rules. This on the heels of the Chamber winning an injunction against the NLRB’s union-rights poster requirement.
Court cites Woody Allen
And why did the NLRB lack authority to implement these rules? The DC court explains by citing Woody Allen:
According to Woody Allen, 80 percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters — even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid.”
Put simply, it takes three Board members for the Board to do business. So says the U.S. Supreme Court in New Process Steel, L.P. v. NLRB. As to the new election rules, the DC court recognized that the Board only had two members participating in approving a final version of the rule. So, those rules don’t count.
Expect this decision to be appealed. In the meantime, the new quickie election rules get tabled.
This was originally published on Eric B. Meyer’s blog, The Employer Handbook.