Tuesday, December 10, 2013
Today, the NLRB agreed to voluntarily dismiss its D.C. Circuit appeal of a district court's dimissal of its election rules. As former NLRB General Counsel, Ronald Meisburg, wrote about the dismissal, this is probably an indication that the NLRB is planning on re-doing the election rules.
The district court opinion relied on the objecting NLRB member's refusal to participate in the promulgation process which, according to the court, denied the NLRB a quorum (there were a total of three memebrs at the time). This issue, plus the Noel Canning dispute, has put many NLRB actions under a procedural cloud for a while. I completely agree with Meisburg that taking another look at the election rules and promulgating them with a Board that is free of doubt is the best path. Indeed, opponents of the new rule may find themselves with reforms they like even less, with fewer procedural objections.
Hat Tip: Patrick Kavanagh