Law360, New York (February 9, 2015, 4:21 PM EST) -- The U.S. Chamber of Commerce and several trade associations have asked a D.C. federal judge to vacate a National Labor Relations Board final rule aimed at speeding up the union election process, saying the rule is irreconcilable with the National Labor Relations Act.
The plaintiffs said in their Thursday summary judgment motion that the rule, which shortens the time between an election petition and the election itself, creates a "quickie election" that Congress has previously intentionally avoided. Under the U.S. Supreme Court's Chevron standard for assessing an agency's interpretation of its governing statute under an Administrative Procedure Act challenge, that kind...
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