Labor Law -- 2015

Chamber of Commerce v. NLRB   (U.S. District Court for the District of Columbia)

Ambush Election Rule

On January 5, 2015 the NAM sued the NLRB in D.C. District Court to stop the agency’s overreach on its “ambush elections” rule issued on December 12, 2014. The coalition brief argues that the Final Rule violates the statutory requirement for an “appropriate hearing” prior to the election, by giving Regional Directors authority to defer litigation of voter eligibility and inclusion issues until after the election. The brief also argues that the Rule is arbitrary and irrational. Specifically, it promotes speed over all other statutory goals, including employer free speech rights and the opportunity for a full and informed debate before the election; requires employers to give out employees’ private phone numbers and personal email addresses. The Board acknowledges that “the privacy, identity theft, and other risks may be greater than the Board has estimated” but nonetheless concludes that these “risks are worth taking.” Finally, the brief argues that the Rule will result in more election-related litigation, not less, even though the stated purpose of the Final Rule is to reduce such litigation.

On February 4, 2015, the NAM filed a motion for summary judgment.

On July 28, 2015, the Court ruled against the NAM's motion.

Related Documents:
NAM Reply to Motion for Summary Judgment  (March 25, 2015)
NAM Opposition to Motion to Dismiss  (March 25, 2015)
NAM Motion for Summary Judgment  (February 24, 2015)
NAM complaint  (January 5, 2015)


© 2019 National Association of Manufacturers