ASSOCIATED BUILDERS V. NLRB

​Court: U.S. Court of Appeals for the Fifth Circuit
​Issue: Labor

RLC's Position:
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.

Case Outcome: 
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:

• American Builders notice of appeal filed June 2015
• Appellant's brief filed June 2015
• Fifth​ Circuit's Opinion issued June 2016

Please use the DOWNLOAD button below to access the RLC's Brief.