Appeals Court Rejects NLRB "Quickie" Elections Challenge

Late last week, the U.S. Court of Appeals for the Fifth Circuit rejected an industry challenge to overturn the controversial National Labor Relations Board (NLRB) 2014 rule known as "Quickie" or "Ambush" elections. The final rule, which went into effect on April 14, 2015, drastically shortens the time frame for when a union organizing election must take place once an employer has been notified of the election intent. In addition to the shortened time frame, there are numerous other objectionable changes.

The court case was brought by different Texas state facets of both the Associated Builders and Contractors and the National Federation of Independent Businesses. The groups were challenging the legality of the new rule, which the court in its opinion explicitly stated does not violate either the "National Labor Relations Act or the Administrative Procedure Act." The court’s ruling is a setback for industry looking for relief from the rule, not only because of the ruling, but because the Fifth Circuit is generally thought of as being a more conservative court and thus likely friendly to this type of case. The court’s ruling now likely complicates any further efforts moving forward to challenge the NLRB’s rule.