The NLRB’s Quick Election Rule took effect today. Over the weekend, Judge James Boasberg (a fairly recent appointee of President Obama) of the United States District Court for the District of Columbia issued an order denying a motion by the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace for a temporary injunction to halt the rule until the judge can rule on their previously filed motion for summary judgment. The judge’s order said simply that any injury to the U.S. Chamber’s and the Coalition’s member companies will not be irreparable if the rule takes effect today, because he plans to rule on the merits of the lawsuit challenging the rule no later than May 15 and no election will occur under the new rule until after that date.
Late last week also the NLRB General Counsel issued a 24-page Guidance Memorandum explaining in detail how the NLRB Regional Offices will implement the new rule as of today. This Guidance Memorandum includes a 7-page set of Frequently Asked Questions and Answers to assist employers to comply with the new rule. It is now clear that all NLRB Regional Offices are urged to set a hearing on any question concerning representation 7 calendar days after a petition for representation has been filed with the NLRB. Many Regional Offices have been setting the hearing up to 14 days after the petition is filed. Therefore, our prior prediction that elections will occur 15 to 30 days after a petition for representation is filed appears to be on the mark.