Client Alerts & Insights
Union Challenge Halts New NLRB Election Rules
June 1, 2020
Authored By:
On Saturday, May 30, 2020, Judge Ketanji Brown Jackson granted summary judgment in favor of the AFL-CIO based on its challenge that the National Labor Relations Board (“NLRB” or the “Board”) was not permitted to revise rules regarding the scheduling of elections without notice-and-comment procedures under the Administrative Procedure Act (“APA”).
Judge Jackson found that the rules (summarized here) set to take effect on May 31, 2020, were not procedural. Thus, they were required to follow the notice-and-comment rulemaking procedures outlined in the APA. In reaching the decision, Judge Jackson accepted the AFL-CIO’s argument that the changes to the election schedule affect workers’ substantive right to form unions and bargain over job conditions. The NLRB had argued that the changes were procedural and affected only internal processes, which exempted the changes from the notice-and-comment period required by the APA.
Judge Jackson found that the APA exception for procedural changes applied only to a limited scope of changes that relate to the “board’s own internal procedure” as opposed to anything procedural, as she interpreted the Board’s argument regarding the exception.
Judge Jackson stated that she would issue a more detailed opinion soon. An appeal is expected.
For more information on this subject, contact a member of Benesch’s Labor & Employment Practice Group.
W. Eric Baisden at ebaisden@beneschlaw.com or 216.363.4676.
Adam Primm at aprimm@beneschlaw.com or 216.363.4451.
Latest News
Delay Damages – Transportation & Logistics Rules for Legal Exposure and Contract Risk
Every minute matters when delivery timing is a live-or-die issue for many industries served by transportation providers. In automotive logistics line-down scenarios can be devastating to business operations.
Frankenstein at the Front Panel: What New Labeling Lawsuits Mean for Supplement Sellers
Key Takeaways Two recent lawsuits against supplement sellers may signal a shift in the plaintiffs’ bar’s approach to labeling claims. …
Crisis in Real Time: How Companies Win (and Lose) the First Hours
A company’s response in the first hours of a public relations crisis can have as much impact on its reputation as the underlying event itself. Recent high-profile events demonstrate that organizations that respond quickly and communicate transparently are better positioned to regain control of the narrative.
It’s Up to the Governor: California Legislature Passes SB 690, Which Could Curtail the Wave of Website Privacy Litigation
California has passed SB 690, a bill that could significantly reduce a recent wave of lawsuits targeting common website technologies such as analytics tools, tracking pixels and chat features.