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May 17, 2015

Court Hears Arguments In MSCI-Supported Case Against NLRB Ambush Elections Rule

Last Friday, the U.S. District Court for the District of Columbia heard arguments in the lawsuit brought by the Coalition for a Democratic Workplace, the National Association of Manufacturers (NAM) and other groups challenging the National Labor Relations Board’s ambush elections rule. According to NAM representatives, lawyers for the organization argued the rule:

  • Violates employer free speech rights;
  • Eliminates the opportunity for a full and informed debate among employees before an election;
  • Runs afoul of employee privacy, requiring employers to give out employees’ personal information;
  • Disregards the NLRB’s own admission that “the privacy, identity theft and other risks may be greater than the Board has estimated”; and
  • Promotes more election-related litigation, not less, defeating the stated purpose of the final rule.

It is unclear when the district court will rule in this case. To learn more about the ambush elections rule, click here.