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June 3, 2020 by Michael C. Duff

Federal District Court Rebuffs Trump Labor Board for Shirking Rulemaking Requirements

For decades, commentators have complained about how long it can take for workers attempting to unionize to simply get an election in which workers make an up-or-down decision on whether to form a union. For many years, employers were able to raise hyper-formalistic legal arguments that took so long to resolve that the employees initially interested in forming a union had often moved on to other employment. In far too many cases, employers also unlawfully coerce workers during the delay, and those workers eventually withdraw their support for the union.

After much internal political wrangling, the National Labor Relations Board (NLRB) enacted a series of new election procedures in 2014 meant to accomplish a simple objective: to get interested employees to a union election first and then (if necessary) address the typical mountain of anti-worker legal challenges. Prior to the changes, many of these challenges were adjudicated pre-election in time-consuming administrative proceedings in which employers were represented by lawyers, but unions were not. Illustrative examples of such challenges include whether specific workers are "supervisors" ineligible for membership in the proposed union rather than an eligible employee, as well as the precise scope of the “bargaining unit” – that is, whether it …

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June 3, 2020

Federal District Court Rebuffs Trump Labor Board for Shirking Rulemaking Requirements