New NLRB Rules Partially Delayed Due To Federal Court Ruling

By Kamer Zucker Abbott

June 2, 2020

A portion of the new rules for representation cases developed by the National Labor Relations Board (NLRB or Board) did not become effective on May 31, 2020 due to a lawsuit, brought by the AFL-CIO, over alleged defects in the Board’s procedure for adopting and issuing the new rules. As the Board explains in its press release, the Judge in this case stopped implementation of five aspects of the new rules. The Board has announced that it will appeal the Judge’s ruling and that the remaining provisions of the rules are immediately effective. The Board has also issued a Guidance Memorandum on the new rules.

Unfortunately, the Board's representation procedures will continue to be a complicated matter. We will keep you posted on developments in this area and are available to answers your questions about this and all other NLRB matters.