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National Restaurant Association - Court invalidates ambush-election rule

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Court invalidates ambush-election rule

A federal court this week nullified the National Labor Relations Board's ambush-election rule.

The U.S. District Court for the District of Columbia held the rule invalid due to the fact a quorum of three members was not present when the rule was adopted Dec. 16, 2011.

"The restaurant industry, the nation's second-largest private sector employer and an industry comprised mostly of small businesses, is pleased that another shot-gun regulation, and one of our top targets for repeal, has been invalidated by the courts," said Angelo Amador, vice president of labor and workforce policy for the National Restaurant Association. "Last month, more than 3,000 members contacted their senators seeking legislative relief from this regulation, which failed on the senate floor on a party line vote. We are pleased that yesterday's ruling makes legislative relief unnecessary."

The NLRB rule would allow union representation elections to be held in as few as 10 days after the filing of a union petition. This move would shorten the period between petition to elections to such a degree that it would deny employees the time and information needed to make an informed decision on union representation.

The National Restaurant Association, as part of the Coalition for a Democratic Workplace, was among the plaintiffs in the case filed by the U.S. Chamber of Commerce and the CDW.

The court did not address the merits of the rule. NLRB is expected to appeal, but the earliest a court would rule on the appeal would be in October or November. NLRB also may attempt to reissue the rule, which the NRA said would invite an additional legal challenge.

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