Last week, a business coalition seeking to nix [sub. req.] the National Labor Relations Board’s controversial new quickie-election regulations filed post-hearing letters in Texas district court, contending that their claim against the rules has undoubtedly ripened because the rule has now been implemented. The regulations went live on April 14th: since that date, more than 140 election petitions have been filed with the NLRB:
“Therefore, whatever merit the board’s ripeness arguments once had (and plaintiffs reiterate that they had no merit even before the rule went into effect), those arguments must fail now,” the groups said in their brief.
The plaintiffs further argue that the regulations violate the Administrative procedure act because they reverse “decades of policy and precedent without adequate justification.”
In early March, the Board filed a motion to dismiss the suit, as well as a motion for summary judgment, arguing that it is owed “extraordinary deference” in the crafting of its own procedures.
Stay tuned to @LRToday for further updates and analysis concerning this lawsuit and the quickie-election regulations.