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US Govt. labour agency adopts rule that would streamline unionisation - US Chamber of Commerce sues to block it

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21 December 2011

NLRB Adopts Rule Speeding Union Elections; Chamber Files Suit in Response [USA]

Author: Matthew Huisman, Blog of Legal Times [USA]

The U.S. National Labor Relations Board has adopted a rule change that would streamline union-forming elections and delay the appeals process. In response, the U.S. Chamber of Commerce filed a lawsuit...to halt the rule...Supporters of the new rule say it will reduce unnecessary litigation and delays in the election process...[The Chamber's] complaint [claims]...that the rule “curtails an employer’s right to communicate with its employees by substantially shortening the election period”...AFL-CIO president Richard Trumka said the board took a “modest but important step” with the passage of the rule, but said that “many more improvements are needed to protect workers’ rights.”

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14 May 2012

NLRB Rule Speeding Union Elections Thrown Out by Judge [USA]

Author: Sara Forden, Bloomberg

A rule change by the National Labor Relations Board that allows for faster votes on union elections was thrown out by a federal judge who said the agency lacked a quorum when it approved the measure. U.S. District Judge James Boasberg said only two of the three members of the board required to constitute a quorum actually voted on the rule. He said representation elections will have to continue under previously established procedures unless the board votes with a proper quorum. The rule went into effect on April 30...The rule change, challenged in court by the U.S. Chamber of Commerce, simplified and shortened balloting at a time when the unionized share of the workforce is falling, according to labor relations consultant Phillip Wilson. The compressed schedule could have cut the time permitted for voting in half to as few as 15 days, Wilson said.

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