Court rejects legal challenge to NLRB “Ambush Election” rule

In April 2015, the National Labor Relations Board’s “ambush election” rule became effective, shortening the time between a union’s request for an election and the election itself to just two weeks.  The U.S. District Court for the District of Columbia rejected a legal challenge to the rule. The lawsuit argued that that the new rule makes sweeping changes to the election process, and sharply curtails an employer’s statutory, due process, and constitutional rights.  But the Court disagreed, and responded in its written decision that “this case comes down to a disagreement with the choices made by [the NLRB]” and that there are no grounds to overturn the rule.  The D.C. Court joins another federal court in Texas that has also rejected legal challenges to the “ambush election” rule.