U.S. District Court for the District of Columbia

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D.C. District Court upholds NLRB’s ambush election rule

July 29, 2015

The D.C. District Court granted the NLRB's motion for summary judgment and upheld the “ambush election” rule on the grounds that the statutory and constitutional challenges do not withstand close inspection since the agency is given broad discretion to implement provisions of the NLRA.

U.S. Chamber files amicus brief

April 21, 2015

The U.S. Chamber and a coalition of trade associations sued the National Labor Relations Board in January 2015, challenging its new ambush election rule on constitutional and statutory grounds. Once the rule took effect on April 14, a company—Baker DC, LLC—and several of its employees filed its own challenge to the rule and sought a temporary restraining order in response to a union’s election petition filed against it.

On 4/21/2015, the Chamber filed an amicus brief in support of Baker DC. The Chamber filed this brief jointly with the Coalition for a Democratic Workplace, National Association of Manufacturers, National Retail Federation, and Society for Human Resource Management. Allyson N. Ho, Charles I. Cohen, Michael W. Steinberg, Jonathan C. Fritts, and David R. Broderdorf of Morgan Lewis & Bockius LLP served as co-counsel for the amici with the U.S. Chamber Litigation Center.

Complaint filed 4/17/2015. U.S. Chamber, et al. amicus brief filed 4/21/2015. On 4/22/2015, the district court denied the temporary relief Baker DC sought, but consolidated Baker DC’s case with the Chamber’s suit, Chamber of Commerce of the United States of America v. NLRB.

A hearing on the pending motions occurred 5/15/2015. Decided 7/29/2015.

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