The National Labor Relations Board filed a notice of supplemental authority with the D.C. Circuit in defense of the Board’s controversial “quickie election” rules, arguing that the court’s recent decision in Nam v. Perez should govern the instant matter:
“The [NAM v. Perez] decision … addresses and rejects arguments substantially identical to those raised by plaintiffs here in their motion for summary judgment,” the NLRB’s supplemental authority filing said. “The well-reasoned decision in NAM v. Perez is a pertinent authority that might assist the court in its resolution of the instant matter.”
[Filing of Supplemental Authority] The Board’s argument, brought in the lawsuit filed against the “quickie election” rules by the U.S. Chamber of Commerce, seeks to torpedo the Chamber’s challenge on summary judgment.
The Board has argued from the get-go that the rules are consistent with the National Labor Relations Act. But not surprisingly, the challengers disagree, opining that the rules violate the Administrative Procedure Act and “offend” the U.S. Constitution. The Chamber has further argued that the rules go beyond the authority granted to the Board by the NLRA.
The instant matter is one of three challenges to the new rules. We will be watching these cases closely, so keep checking @LRToday for news and analysis.