On June 10, 2016, the U.S. Court of Appeals for the Fifth Circuit, which hears appeals from the federal courts of Florida, Georgia, Alabama, Mississippi, Louisiana and Texas, dismissed a challenge to the National Labor Relations Board’s “quickie election” rules brought by Associated Builders and Contractors, Inc. These rules, which took effect in April 2015, shortened the time between when a union files a petition to represent workers and when an election is held. This shortened period makes it more difficult for employers to inform their employees why union representation is not desirable.
Associated Builders and Contractors, Inc. argued that the quickie election rules violated employers’ right to free speech and that the National Labor Relations Board lacks the rule-making authority to modify union election procedures. It also questioned the validity of the new hearing limitations and the new requirement that employers provide the union with personal employee cell phone numbers and emails. The Fifth Circuit rejected these claims, finding that the Board did not act arbitrarily or capriciously in adopting the new procedures.
The full decision in this case is available here.