U.S. Court of Appeals for the Ninth Circuit

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U.S. Chamber files coalition amicus briefing urging Ninth Circuit to reverse a National Labor Relations Board decision that reduced protections for secret ballot elections in unionization campaigns

February 09, 2024

U.S. Chamber Coalition Amicus Brief

The NLRB ruling shifted the burden to employers to justify the use of a secret ballot election instead of relying on authorization cards, and the ruling mandated the imposition of bargaining orders rather than rerun elections as a remedy for unfair labor practices regardless of whether a rerun election would be an effective remedy.

Jonathan C. Fritts and Michael E. Kenneally of Morgan, Lewis & Bockius LLP served as outside counsel.

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