Earlier this week, the US District Court for the District of Columbia struck down this rule. While it did not actually make a determination about the rule's lawfulness, it instead made its finding based on the lack of a quorum at the Board when it was voted upon. In fact, the Court leaves room for the notion that the rule may have been passed had such a quorum existed.
So, while the "quickie election" rule is currently stayed, there may still be action on the part of the NLRB to revisit the rule with the required quorum and attempt passage again. And, should that happen, can we expect another challenge based on the actual merits? Stay tuned!
In the meantime, however, this gives you the opportunity to check up on your employee relations activities at your organization, ensure your managers and supervisors have the necessary training to handle employee concerns on a consistent basis, and review your policies and procedures to ensure they reflect current operations. Of course, HR Matters is here to help!