“Quickie Election Rule” that was Effective April 30, 2012 is Now Invalid

By Keith Overholt

On May 14, 2012, the United States District Court for the District of Columbia ruled the NLRB’s “quickie election rule” that was effective April 30, 2012 is invalid because the Board did not have a quorum at the time the rule was adopted.  The first sentence of the opinion is, “According to Woody Allen, eighty percent of life is just showing up.”  The court concluded that Member Hayes, who opposed the adoption of the rule, did not show up for the vote depriving the Board of a statutory three member quorum.  At this time, it is not clear whether the Board will appeal the court’s ruling or cure the lack of quorum.

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