NLRB Election Rules Invalid Due To Voting Error

In a ruling yesterday, the United States District Court for the District of Columbia held that the NLRB’s new election rules are invalid. The Court found that when the Final Rule was adopted late last December through an electronic vote, Member Brian Hayes did not take any action and, accordingly, did not show up to vote. As a result, the Board lacked a quorum. Hayes stated that he thought no further action was required of him at the time because of prior hearings and votes he cast against the Rule.

The Court declined to reach any of the merits of the case, instead resting its decision solely on this procedural issue. It is likely that the Labor Board will take action to rectify this problem. We will keep you posted of any such actions.