NLRB's election rule upheld in 5th Circuit

Pushing back objections from builders and contractors associations in Texas, the 5th Circuit has upheld the NLRB's amended procedures for determining whether a majority of employees wish to be represented by a union for purposes of collective bargaining. Associated Builders and Contractors of Texas v. NLRB (5th Cir 06/10/2016) The new rule is intended to decrease the time preceding union elections, and allows for employees to take a vote on union representation as soon as eleven days after a petition for representation is filed.

Most importantly, the new rule --

  • defers employer challenges to voter eligibility issues until after an election is held,
  • removes the standard twenty-five day delay that normally occurs between the time a regional director directs an election and the actual election,
  • requires expanded disclosure of employee contact information.

The objectors argued that the new rule violated both the Administrative Procedures Act and the National Labor Relations Act. The 5th Circuit seemed to have little difficulty dismissing these challenges.