The D.C. District Court issued an opinion on the 29th in which it upheld the NLRB’s massive changes to its R Case procedures. Overall, the Court found that the objections and challenges put forth by the Chamber of Commerce were “simply matters of disagreement with the choices made by the Agency entrusted by Congress with broad discretion to implement the provisions of the NLRA and to craft appropriate procedures.”

No doubt this matter will be taken up before the D.C. Court of Appeals, which historically has not been friendly to the NLRB with respect to its rule making authority. In the interim, the rules remain in effect and the Board will continue to enforce them as originally published.