Hunton Employment & Labor Perspectives

The NLRB's "quickie election" rules will go into effect today, April 30, in light of a federal district court decision denying a Motion seeking an injunction against the rule becoming effective. The Court indicated that it would issue a written opinion before the date on which any election could be held under the new rules. Our calculation is that, at least for now, the minimum time necessary for an election to be held after the filing of a petition is 17 days.

The  Court's Order reads:  “As the parties discussed in a conference call with the Court at 5:00 p.m. on April 27, the Court ORDERS that Plaintiffs’ Motion is DENIED. Any injury to Plaintiffs is not irreparable because the Court will issue its Memorandum Opinion on the merits by May 15, which date will precede any potential election under the new rule. Signed by Judge James E. Boasberg on 4/28/2012.”