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.
Disclaimer
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Author(s)
Related Insights
19 April 2024
Innovative Technology Insights
AI 2030 Show With Nikhil Pradhan
Nikhil Pradhan joins FinTech4Good’s AI 2030 show to explore the legal risks and rewards of generative AI as it becomes more integrated into the business environment.
17 April 2024
Manufacturing Industry Advisor
International Compliance and Risk-Mitigation Heat Map (2024 Update)
These interactive international compliance and risk-mitigation heat maps present quick visual indications of relative bribery, sanctions, and human rights compliance risks in every country around the globe.
16 April 2024
Dashboard Insights
Foley Automotive Update
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities.