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Courts Foil NLRB Again

05.15.12

For the second time in less than 30 days, a federal court has struck down rules imposed by the NLRB. First, it was the obligation to post employee rights under the NLRA. Now, it is the so-called “ambush” election rule. Specifically, Judge Boasberg (an Obama appointee) noted in his opinion that the NLRB did not have a quorum for its final vote on the changes in the Board’s representation case rules. Therefore, the Court held that the changes are invalid and unenforceable.

Most importantly, the Board has decided to suspend its implementation of these rules while it analyzes the court’s decision.

At this point, all we can say is stay tuned for further developments.

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