The AFL-CIO sued the Trump administration in an effort to stop the repeal of an Obama-era union election rule set to take effect next month.
The union federation argued that the National Labor Relations Board violated the Administrative Procedure Act by not giving the public sufficient opportunity to comment before issuing the final rule in December. In addition, the AFL-CIO said the board “failed to consider data and other information … that contradicts assertions in the Board’s rationale for the rule,” and violated the National Labor Relations Act by preventing regional directors from certifying election results until legal disputes are resolved.
The rule repeals core parts of the Obama-era ‘quickie’ election rule that sought to boost unions’ organizing leverage. The NLRB in 2017 issued a request for information on whether it should repeal the rule, and last year issued a final rule doing just that.
In the final rule, the NLRB said it generally will require disputes over the scope of a bargaining unit and voter eligibility to be litigated at pre-election hearings, reversing an Obama-era requirement for businesses to postpone virtually all litigation until after workers vote on whether to join the union. Unions argue that pre-election litigation is a stalling tactic that favors management.
The board also said it will extend a notice requirement for pre-election hearings from 8 calendar days to 14 business days; require employers to post notices of an election petition five days before service of a hearing notice, compared to two days under current procedure; and instruct regional directors to in many circumstances schedule an election for the 20th business day after a direction of election is issued. The rule, in addition, lengthens the time frame by three days in which employers must provide voter lists after a direction of election is issued.
The AFL-CIO, in its lawsuit, argues that the rule violates the NLRA by placing a “categorical stay” on the certification of union election results “premised solely on the possible filing or pendency of a request for review.”
CUE Spring Conference 2020 to go ahead as planned
This note provides an update on CUE’s position and ongoing efforts to monitor the Covid-19 virus.
We are diligent in our understanding and preparation around the Coronavirus (Covid-19), but I want to share a direct update with our community.
Our priority is everyone’s health and safety. We will work closely with Government authorities, CDC and WHO guidelines to ensure we are moving forward appropriately. This is a fluid situation, so we will continue to evaluate it with the best information possible.
At this time, CDC advisories indicate that events can proceed, and the U.S. Government has not issued domestic air travel restrictions. With this in mind, we are going ahead with the Spring Conference as planned based on the high number of registrations and inquiries to attend the event and very few cancellations. We feel it’s the right thing to do for our community.
CUE has already begun a central repository for our members on information related to the Spring Event and Covid-19 precautions. Additionally, we will provide updates on our social channels so that information is readily available, and we are being proactive in communicating our position. We will also produce a fact sheet of protocols to be followed onsite by everyone so we can play our part in keeping the spread of Covid-19 under control while having a successful event.
Please reach out to me directly if you have any questions.
Thank you for your continued support.
Anne Cooper, J.D.
Interim Executive Director
According to POLITICO Pro, the White House announced two nominations each to the National Labor Relations Board and the Equal Employment Opportunity Commission.
President Donald Trump will nominate Jocelyn Samuels for a Democratic seat on the EEOC and former NLRB member Lauren McFerran for one of two vacant Democratic seats on the NLRB. Marvin Kaplan will be renominated for his Republican seat on the NLRB, and Gibson Dunn lawyer Andrea Lucas will be nominated for a Republican seat on the EEOC. The nominations were first reported by Bloomberg Law last month.
DOL Wage and Hour Division deputy chief Keith Sonderling is also expected to be renominated to a Republican seat on the EEOC. Sonderling’s nomination expired when the Senate did not vote to confirm him last year.