NLRB Rule Upheld – For Now

Posted June 4, 2015 at 3:03 pm

A coalition of Texas business groups failed to convince a federal district court that the National Labor Relations Board's amendments to its representation case rules are unlawful or arbitrary, and the court dismissed the coalition's bid for an injunction to block enforcement of the changes to union-election rules.

In dismissing the case, Judge Robert L. Pitman of the U.S. District Court for the Western District of Texas said there was no evidence backing claims that the NLRB adopted the rule changes to favor organized labor.

Pitman rejected arguments by the groups that the board exceeded its power under the National Labor Relations Act by adopting rule changes that may limit parties from litigating some representation case issues before employees cast ballots on a question concerning union representation.

In addition, the court turned back the coalition's challenge to a new rule provision requiring an employer to release information, including the personal phone numbers and e-mail addresses, of employees in connection with an election proceeding. The judge noted the board included a rule provision prohibiting parties to an election proceeding from using voter lists for purposes other than NLRB proceedings.

We are still waiting on a ruling in the Coalition for Democratic Workplace challenge, of which TRSA is a member, which is before the U.S. District Court in Washington, DC.