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Updated: Ambush Election Challenge Fails in D.C.


Back in February, I had posted an update on the NLRB Ambush Election rules (aka "quickie election" rules).  (A Look at the NLRB's New Ambush Election Rules).  Unsurprisingly, two lawsuits were filed to challenge the new election rules.  One suit was filed in D.C. and the other in Texas.  

Recently, U.S. District Court Judge Amy Berman Jackson issued a whopping 72 page opinion that rejected each of the arguments raised by the U.S. Chamber of Commerce, the National Retail Federation and other groups that the ambush election rules were unconstitutional.  Note, this opinion follows an April ruling from the Texas court which also rejected a challenge to the ambush election rules.

While this opinion takes some wind out of the sales of some of these opposition groups, this probably is not the last challenge we have heard.  For now, I would expect there to be additional appeals and at some point, possibly some sort of Congressional action.  While this is an updated post, it is also one to keep an eye on.


Special thanks to Management Memo for a copy of the opinion:  www.managementmemo.com/files/2015/07/show_public_doc.pdf

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