NLRB Can Revive Speedy Union Vote Rule Judge Threw Out

By William McQuillen and Sara Forden, Bloomberg Businessweek

A National Labor Relations Board rule to speed up elections on whether to form a union, thrown out on a technicality yesterday by a federal judge, could be quickly reinstated, according to labor lawyers.

U.S. District Judge James Boasberg ruled yesterday that the NLRB lacked a quorum when it approved the measure in December. Only two members of the board voted on the matter when three are required for a quorum.

Jesse Choper, a law professor at the University of California at Berkeley, said the judge’s legal reasoning constituted a “technicality” and can be easily addressed.

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