On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule, which will benefit organized labor by speeding up the union election process, is set to go into effect on April 14, 2015.
The congressional resolution, which passed the Senate (53 to 46) and the House (232 to 186) in March, would have prevented the NLRB from implementing the “Quickie Election” Rule. The President’s veto effectively means that the resolution is dead because it appears that the Republican majority does not have the votes necessary to override the veto. Union leaders have trumpeted the President’s action.
The business community’s hopes in derailing the “Quickie Election” Rule are now down to the possibility of obtaining some sort of favorable judicial relief. Federal lawsuits challenging the Rule have been filed in Texas and the District of Columbia. However, a decision on the Rule’s validity has not been issued in either case and the ultimate outcome is uncertain. Unless one of the federal courts acts soon to enjoin implementation, the Rule will go into effect on April 14, at least temporarily, until the legal challenges are resolved.