NLRB Votes To Implement "Quickie" Union Election Rules

On December 12, 2014, in a significant but expected victory for organized labor, a divided National Labor Relations Board ("NLRB" or the "Board") announced that it approved implementation of amendments to the Board's rules and regulations governing union elections ("Final Rule"). The Final Rule, which was approved by a 3–2 vote along partisan lines, will become effective on April 14, 2015, and substantially adopts the amendments proposed in February 2014. Unlike the Board's previous attempt in December 2011 to change the election rules, which was invalidated by a district court for being adopted without a necessary quorum, this time there appears to be no dispute that the Board's Final Rule was adopted with the participation of five confirmed Board Members. The Final Rule, however, is still likely to be challenged on other grounds, which could affect the effective date of the Final Rule.