Court: U.S. Court of Appeals for the Fifth Circuit
The National Labor Relations Board’s new quickie election
rules, which shorten the time between when a union files a petition and an
election, prioritizes speed over allowing employees to obtain enough
information to cast an informed vote about unionizing. The RLC’s amicus
brief to the Fifth Circuit places this issue in the retail context to show that
voter eligibility and inclusion questions, such as an employee’s supervisory
status and eligibility of part-time workers, must be resolved prior to
election. The RLC’s brief asks the court to invalidate the new rules.
The Fifth Circuit affirmed the rule concluding that it does not violate the National Labor Relations Act or the Administrative Procedures Act.
Procedural History and Case Documents: