Business Groups and NLRB File Motions for Summary Judgment in Lawsuit Challenging Amendments to Representation Election Procedures
February 12, 2012
The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a motion for summary judgment on February 3 in their court challenge to the National Labor Relations Board's final rule amending the procedures applicable to representation elections. In their motion for summary judgment, the business groups requested that the United States District Court for the District of Columbia invalidate the NLRB's amendments to the representation election procedures on several grounds, including: (1) the amendments were adopted by only two members rather than a three-member quorum; and (2) the final rule is inconsistent with the provisions of the National Labor Relations Act.
The NLRB also filed its own motion for summary judgment in the case on February 3, defending its rule-making process and seeking dismissal of the business groups' complaint.
Each party now has the opportunity to respond to the other party's motion by February 28. The NLRB's final rule is currently scheduled to go into effect on April 30. It is not clear at this point whether oral argument will be scheduled by the court or whether a decision will be issued by the effective date of the final rule.
