The National Labor Relations Board (NLRB) issued a statement last week indefinitely suspending the implementation of its new Quickie Election Rule. The Board's withdrawal was made in response to a decision issued by a federal judge last week in Chamber of Commerce of the United States of America, et al. v. National Labor Relations Board where the court found that the Board lacked the necessary quorum when it voted to implement the new Rule. Because the Board lacked the sufficient quorum, the court held the Rule was unlawful. The NLRB passed its Final Rule amending its representation election procedures on December 16, 2011, which became effective on April 30, 2012.
The D.C. court's ruling will likely be challenged on appeal, and the Board has already stated that it is "determined to move forward." In the meantime, Lafe Solomon, Acting General Counsel for the NLRB, recalled an earlier-issued memorandum he sent to all Regional Directors directing them how to implement the new Rule's procedures. Between the Rule's enactment and its suspension, approximately 150 election petitions were filed across the United States using the election procedures as amended under the new Rule. The NLRB is contacting all parties involved in those elections and affording them the opportunity to either proceed as scheduled under the new procedures or begin the process anew under the prior procedures.