Federal Court upholds union election rule

Federal Court upholds union election rule
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A federal court has upheld federal regulations designed to speed up union elections, dealing a blow to business groups who oppose the rule.

The National Labor Relations Board (NLRB) should be allowed to expedite the process by which employees unionize, Judge Amy Berman Jackson ruled for the U.S. District Court in Washington, D.C.

The NLRB reissued the union election rule last year, and it went into effect this past April, but it has been assailed by legal and legislative challenges.

Business groups claimed that the so-called "ambush election” rule would not give them enough time to prepare, but labor advocates argued it would prevent management from needlessly delaying union elections.

“After considering the points and authorities set forth in the briefs submitted by both sides and the arguments presented at the hearings, the court will uphold the final rules,” the judge wrote in the opinion issued Wednesday.

The business groups challenging the rule included the U.S. Chamber of Commerce, National Association of Manufacturers, National Retail Federation, and Society for Human Resource Management (SHRM).

SHRM has voiced its displeasure with the ruling.
"The court ruling upholding the NLRB union election rule is a loss for workers everywhere," SHRM wrote in a statement. "Employees need adequate time and information to make an informed decision about whether or not to join a union, and this decision prevents that."

But labor advocates call the union election rules “reasonable” and “well-supported."

"So far, every judge to consider a challenge to the rules has rejected the challenge and found that the rules are legal and within the National Labor Relations Board's authority,” AFL-CIO General Counsel Lynn Rhinehart said in a statement. "We think this shows that the rules are reasonable, well-supported, and well within the NLRB's authority."