Court Sides With NLRB Election Ruling

Published: June 14, 2016

On June 10, a federal appeals court sided with the National Labor Relations Board (NLRB) rule which speeds up the union election process. The Fifth Circuit Court of Appeals ruled that the NLRB did not exceed its authority in issuing the rule.

The NLRB, in its original ruling, held that employees can vote on union representation 11 days after a petition for representation is filed.

The election rule was being challenged by the Associated Builders and Contractors (ABC) and the National Federation of Independent Business (NFIB).  These anti-worker groups and their supporters claimed that it limits an employer’s ability to contest voter eligibility and pre-election hearings. The groups also argue that sections of the rule violate federal privacy laws. The Fifth Circuit, arguably the most conservative federal court in the nation, did not agree.