Reading Into NLRB's Amended Union Election Rules

Law360, New York (August 17, 2015, 10:43 AM EDT) -- When the National Labor Relations Board issued a 733-page final rule to streamline the union election process, which we refer to in this article as the amended election rules, in December 2014, to be effective on April 14, 2015, commentators on both the union and management side agreed that not only would the rules result in quicker votes when unions petitioned for representation elections, but an increase in filings was also likely. It was also agreed that the courts would be asked to rule on whether the new election rules and procedures were consistent with the terms of the National Labor Relations Act, whether the NLRB had the authority to make such sweeping changes and whether the amended election rules unlawfully interfered with the right of employers to communicate with their employees under Section 9(c) of the NLRA and their rights under the First Amendment....

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