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NLRB Ambush Elections Coming Soon

Yesterday, the National Labor Relations Board's savvy legal maneuver takes the labor agency one step closer to finalizing its ambush election regulation. Ronald Meisburg, partner at Proskauer Rose LLP, reports, "The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called "ambush" election rules case." This means the ambush election rule that the NLRB finalized in 2011 is invalid. However, this is bad news for free and fair elections regarding union representation (for specifics on the ambush election rule, see here and here). As I wrote previously on the NLRB ambush elections: "Even though the NLRB maintains that the promulgation of the ambush election rule is “to be determined,” that is only because of a successful U.S. Chamber of Commerce lawsuit hindered the implementation of the NLRB’s 2011 ambush election rule. Once this lawsuit is settled, the NLRB will finalize the its new union election rule as soon as possible." Now with the U.S. Chamber lawsuit settled and a fully appointed board, the NLRB has free reign to promulgate a new ambush election rule.