NLRB Win On 'Ambush Election Rule' Sets Up Future Fight

Law360, New York (June 2, 2015, 7:47 PM EDT) -- A Texas decision upholding the National Labor Relations Board’s new rule shortening the union election timeline bodes ill for a parallel suit by the U.S. Chamber of Commerce and could leave employers waiting until election petitions are filed to challenge the rule, management-side attorneys say.

U.S. District Judge Robert L. Pitman ruled on Monday that Associated Builders and Contractors of Texas Inc. and other plaintiffs did not prove that the NLRB’s new election rule, which went into effect in April, is, on its face, a violation of the National Labor Relations Act or the Administrative Procedure Act. That decision is likely...

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