As we mentioned previously in this blog, there were two major court challenges filed to stop the NLRB from moving forward with its quickie election rules. Developments in both of those cases indicate that the court system is unlikely to reverse the rules. Last month, the Western District Court of Texas threw out the lawsuit filed by the NFIB and Associated Buidling Contractors challenging the rules on privacy and free speech grounds. Although the lawsuit filed by United States Chamber of Commerce, SHRM and other groups is still pending, the District Court for the District of Columbia refused the request of the plaintiff's to issue a temporary restraining order, indicating that it does not view the claims favorably.
Although appeal of the Texas decision is still a possibility and the DC District Court case is far from finalized, it would not be advisable for employers to expect that either of these legal challenges will ultimately succeed. Going forward, the best way to combat the quickie election rules is to get out in front of them by campaigning as soon as the employer suspects any possiblity of union activity and working with their labor relations experts and attorneys to be fully prepared if an election petition is filed. Waiting until after the petition is filed to take any aggressive action or hoping that litigation will avoid unionization is not a strategy that is likely to have any success.