Synopsis of article:

On June 21, 2011, the National Labor Relations Board (“NLRB” or “Board”) proposed changes to its secret ballot election regulations (“Speedy Election Rules”). The Administrative Procedure Act (“APA”) Notice and Comment period resulted in 65,000 public comments.

Next, after the NLRB held hearings of short duration with a limited number of speakers, on December 22, 2011, in anticipation of the Board losing its quorum, its members voted, 2 to 1, along party lines, to amend its regulations to expedite its union representation election process and enacted its Speedy Election Rules. These regulatory changes are to become effective April 30, 2012 (the same date the NLRB Employee Rights Poster Regulation is tentatively scheduled to go into effect). Simultaneous with the NLRB’s approval of its Speedy Election Rules, the U.S. Chamber of Commerce filed suit in the United States District Court for the District of Columbia, seeking to have the Speedy Election Rules enjoined and declared unlawful. (NLRB Posting Rule remains in litigation in the same Court.)

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